ROSENBERG v. BOSTON CORPORATION

No. 73-395.

310 So.2d 40 (1975)

Harry ROSENBERG et al., Appellants, v. BOSTON CORPORATION, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearings Denied April 18, 1975.


Attorney(s) appearing for the Case

Samuel L. Heller of Johnson, Heller & Birnbaum, P.A., Fort Lauderdale, for appellants.

Joe Easthope, of Ferrero, Middlebrooks & Houston, Fort Lauderdale, for appellee.


PER CURIAM.

We have reviewed the entire record in this case, as well as the briefs of counsel, and hold that appellants' points II and III require reversal of the final judgment.

A significant part of the evidence upon which the trial court rendered its judgment was furnished by Leon and Fred Sultan. As stockholders in the appellee corporation they were barred by § 90.05, F.S. 1973, from testifying as to any transaction or communication with the decedent...

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