CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1999 Fla. App. LEXIS 2527, 1999 WL 123552
...ate records of Windle Company or in the alternative, issuance of a writ of mandamus requiring the corporation and Winstone Windle as president and sole director to permit such inspection. He sought inspection and copying of those records pursuant to section 607.1604(2), Florida Statutes (1995)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...ment 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....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1997 Fla. App. LEXIS 13682, 1997 WL 756637
...DeMaria of Tew & Beasley, L.L.P., Miami, for appellee. PER CURIAM. This appeal arises out of the trial court's order compelling the appellant corporation to allow the appellee shareholder to inspect and copy the corporate records, pursuant to sections
607.1602 and
607.1604, Florida Statutes (1995)....
...certain enumerated corporate books and records for a proper purpose, upon demand and at least five business days notice. If the corporation refuses to grant the inspection, the shareholder is entitled to a court order compelling said inspection. See § 607.1604(1)....
CopyPublished | Florida 2nd District Court of Appeal
...Mancini's termination and unsuccessful demand to
review Villa Bellini's records was Mr. Mancini's filing of a verified petition for writ of
mandamus against Villa Bellini. Mr. Mancini also filed a "Motion for Summary Relief
and Expedited Relief Pursuant to Fla. Stat. § 607.1604(1) and Expedited Relief
Pursuant to Fla. Stat. § 607.1604(2)" in which Mr....
...past century, the relative ease with which a corporate entity can now be created, and
the panoply of legal remedies available to shareholders in modern civil practice—
declaratory relief, injunctive relief, a direct action to apply for an expedited court order
under section 607.1604—render this extraordinary writ an ill-suited procedural relic for
this kind of private controversy.
-9-
That alone, however, does not resolve this appeal....
CopyPublished | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 7436, 2005 WL 1172059
...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
...Riemenschneider and Jeffrey L.
DeRosier, of Riemenschneider, Wattwood &
DeRosier, P.A., Melbourne, for Appellees.
EISNAUGLE, J.
Judith H. Richman and Dur-Rich Realty, Inc. (“Richman” and “Dur-
Rich”), appeal an order awarding Robert S. Calzaretta attorney’s fees and
costs pursuant to section 607.1604(1), Florida Statutes (2020). We reverse
because section 607.1604(1) does not authorize an award of fees incurred
in a garnishment proceeding.
In the underlying dispute, Calzaretta sought to inspect and copy
corporate records and obtained a judgment for attorney’s fees (the “fee
judgment”) pursuant to section 607.1604, which this court affirmed on
appeal....
...Calzaretta,
291 So. 3d 616 (Fla. 5th DCA
2020). Thereafter, Calzaretta commenced garnishment proceedings to
collect the fee judgment and then moved for an additional award of attorney’s
fees incurred in the garnishment effort, once again relying on section
607.1604. The trial court granted the motion and rendered a second fee
judgment in the amount of $18,189.17. This appeal follows.
On appeal, Richman and Dur-Rich argue that section
607.1604(1)
does not authorize attorney’s fees in garnishment proceedings....
...collect on the judgment.” In short, Calzaretta contends that enforcement of
2
his fee judgment is equivalent to the enforcement of his right to inspect and
copy corporate records. We agree with Richman and Dur-Rich and reverse. 1
Section 607.1604(1) provides:
If a corporation does not allow a shareholder who
complies with s....
...interpretation requires paying attention to the whole law, not homing in on
isolated words or even isolated sections.” Id. at 671 (internal marks and
citation omitted).
When considering the entirety of the statute in context, we reject
Calzaretta’s strained reading of section 607.1604(1). Instead, we believe the
more reasonable reading is that the phrase, “enforce its rights under this
section,” refers to the statute’s primary objective—a shareholder’s right to
inspect and copy records. We do not read section 607.1604(1) to create a
litigation roundabout, where collection proceedings on a fee judgment are
4
followed by a new motion for fees and another fee judgment, only for the
cycle to start all over...
...ing, via the
garnishment proceedings, to obtain an order for the inspection and copying
of records, or even to enforce such an order. Instead, he was attempting to
collect on a fee judgment.
We therefore conclude that the plain language of section 607.1604(1)
does not authorize an award of fees incurred during garnishment
proceedings.2 As a result, we reverse the order on appeal and remand for
further proceedings.
REVERSED and REMANDED.
LAMBERT, C.J., and WALLIS, J., concur.
The motion at issue here, and the trial court’s order, relied on section
2
607.1604(1)....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 1873
...REVERSED and REMANDED with instructions. DAUKSCH and COBB, JJ., concur, . Although the appeal involves interpretation of an agreement, the parties never sued for breach of contract. Instead, the court entered orders based upon contempt proceedings to enforce the provisions of section 607.1604, Florida Statutes....
