HomeMy WebLinkAbout2915 IN TH8 CIRCUIT COURT OF THB NINB-
TBBNTH JUDICIAL CIRCUIT IN AND FOR
ST. LUCIB COUNTY, FLORIDA.
CIRCUIT COURT APPBAL N0. 79-J68
W. C. HAMMOCK, Individually
and d/b/a HAMMOCK CORPORATION
OF FLORIDA, d/b/a HAMMOCK
ROOFING CORPORATION,
Appellant,.
vs.
JOHN RUSSO and BBATRICB
RUSSO, his wife,
Appellees.
O P I N I O N
Appellant seeks reversal of a final judgment entered
in favor of Appellees in the amount of $2,000.00. Appellant
contends that this final judgment should not have been entered
against him individually, but should have been entered only
. against Hammock Corporation of Florida, a Florida corporation.
Appellees contend that Appellant.is liable individually under
F.S. 608.55 or F.S. 607.144(1)(c).
Appellees entered into a written contract with
Hammock Corporation of Florida to instal _a new roof on Appellees'
home. This contract was not signed by W. C. Hammock, and was
i
clearly with the corporation, Hammock Corporation of Florida.
i
~ Pursuant to said contract, Appellees issued a check to Hammock
k
k Corporation of Florida in the amount of $2,000.00.. This check
' was deposited in the corporation's account. Approximately five
(5) months later, the corporation advised Appellees that the
E affairs of the corporation had been wound up and there was an
a
amount to be prorated among the creditors, and mailed the
Appellees their distributive share of $428.00. W. C. Hammock,
individually, received $2,600.00 as a creditor for his per-
i
centage of the distribution of the funds made bq the corporation
f
to all of its creditors. The corporation failed to follow the
procedure for dissolution as required by F.S. 607.261, Laws of
1977.
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