Florida/Georgia Personal Injury & Workers Compensation

...etermine whether Fox's complaint states a cause of action either derivatively or in her own right which would subject the directors to suit. Whether The Complaint Fails To State A Cause Of Action Against The Appellees As Directors of The Corporation Section 617.0830 sets forth the standards of performance required of directors *181 of not-for-profit corporations....

...[8] Because of our holding that a majority of the board had apparent authority, we need not reach the issue as to whether the board had actual authority to consent to the search and seizure given the unanimity requirement of the corporation's bylaws; however, in light of section 617.0830, Florida Statutes (Supp....

...a for-profit or not-for-profit corporation. Fla. Stat. § 718.111(1)(a). The Florida statute specifically directs that—"The officers and directors of the association have a fiduciary relationship to the unit owners." Id. Moreover "[a]s required by s. 617.0830, an officer, director, or agent shall discharge his or her duties in good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances, and in a manner he or she reasonably believes to be in the interests of the association." Fla. Stat. § 718.111(1)(d). Fla. Stat. § 617.0830 sets forth the standards for performance by directors of their corporate obligations: (1) A director shall discharge his or her duties as a director, including his or her duties as member of a committee: (a) In good faith; (b) With the ca...

...As noted previously, Florida law recognizes that the director of a corporation may, "in discharging his or her duties" rely on information provided by legal counsel "or other persons as to matters the director reasonably believes to be reliable and competent in the matters presented." Fla. Stat. § 617.0830....