CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2005 WL 2509895
...In this case, the Florida Business Corporation Act, insofar as it treats corporate dissolutions, includes a more particular provision pursuant to which the trial court could have accomplished the result it sought in the instant case. The provision, section 607.1431(4) of the Florida Statutes, reads: If the court determines that any party has commenced, continued, or participated in an action under s....
...607.1430 and has acted arbitrarily, frivolously, vexatiously, or not in good faith, the court may, in its discretion, award attorney's fees and other reasonable expenses to the other parties to the action who have been affected adversely by such actions. § 607.1431(4), Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...ns associated with the management and operation of the Company as a result of Batur's de facto abandonment of the Company." A week later, Mr. Batur sued in turn. In addition to moving for appointment of a custodian for Signature pendente lite, under section
607.1431(3), Florida Statutes (2002), and seeking an inspection of Signature's records, under section
607.1604, Florida Statutes (2002), Mr....
CopyPublished | Florida 5th District Court of Appeal | 1998 WL 673158
...of $7,624.30. The court ordered Cody to pay Colonial the amount of $1,962.37 for attorney fees. The court further ordered that Cody's counterclaim and pending motions would be stayed until Cody complied with the terms of the order and made payment. Section
607.1431(4), Florida Statutes (1997) reads as follows: If the court determines that any party has commenced, continued, or participated in an action under
607.1430 (seeking judicial dissolution of a corporation) and has acted arbitrarily, fri...
...y acted arbitrarily, frivolously, vexatiously, or in bad faith. Nor did any party allege that there was a contractual provision for the recovery of attorney's fees. There was no other cited statutory basis for the award of attorney's fees other than section 607.1431(4), Florida Statutes, and the court did not make the requisite findings under that statute to support the award....
...Britamco Underwriters, Inc.,
707 So.2d 785 (Fla. 3d DCA 1998). The trial court departed from the essential requirements of law in awarding attorney's fees. The court likewise erred by staying Cody's proceedings. Even if attorney fees had been recoverable under section
607.1431(4), the statute does not authorize a stay of litigation pending payment....
CopyPublished | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 7436, 2005 WL 1172059
...ssociated with the management and operation of the Company as a result of Batur’s de facto abandonment of the Company.” A week later, Mr. Batur sued in turn. In addition to moving for appointment of a custodian for Signature pendente lite, under section
607.1431(3), Florida Statutes (2002), and seeking an inspection of Signature’s records, under section
607.1604, Florida Statutes (2002), Mr....
CopyPublished | Florida 1st District Court of Appeal
...After the parties failed to agree on the fair value of Dr.
Uphold’s shares, Dr. Graham asked the court to make the
determination pursuant to section
607.1436(4), which triggered a
stay of the dissolution proceedings.
Approximately nine months later, Dr. Uphold moved under
sections
607.1431(3) and
607.1432, Florida Statutes, for the court
to appoint a custodian pendente lite “to preserve BBI’s assets and
to carry on and manage its business and affairs.” Dr....
...required to take further action in the same proceedings to achieve
the alternative end of a buyout on terms to be determined by the
court. Yet Dr. Uphold sought a custodianship “to preserve BBI’s
assets and to carry on and manage its business and affairs” under
sections
607.1431(3) and
607.1432....
...authority, they do so only in the context of judicial dissolution
proceedings. Because the dissolution proceedings were required by
statute to be stayed at the time Dr. Uphold moved for the
appointment of a custodian, the court did not have the authority
under either section
607.1431(3) or section
607.1432 to make the
appointment.
Dr....
