MILTON MARONEK, ON BEHALF OF ATLANTIS OPERATING CO., INC., APPELLANT.
v.
ATLANTIS HOTEL, INC., A FLORIDA CORPORATION, HOTEL ATLANTIS, INC., A FLORIDA CORPORATION, ATLANTIS OPERATING CO., INC., A FLORIDA CORPORATION, NORMAN J. STEINBERG, CLAIRE LESHNICK, MAX LESHNICK AND IRVING PODOLNICK, APPELLEES

Fla. 3d DCA | 1963-01-22
No. 61-766
Before PEARSON, TILLMAN, C. J., and BARKDULL and HENDRY, JJ.
148 So. 2d 721 Florida District Court of Appeal, Third District (1963) Positive Treatment
Cited by 18 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The plaintiff in the trial court appeals a final decree for defendant after trial. The only rights which the appellant attempts to assert are those of the Atlantis Operating Co., Inc., in which he is a minority stockholder. In a suit of this nature, one essential allegation of the complaint must be the act whereby the corporation was caused to suffer damage. Talcott v. McDowell, Fla.App.1962, 148 So.2d 36. The chancellor correctly concluded that no such damage was proved.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Salvatore v. Palma, 189 So. 2d 510 (Fla. 3d DCA 1966)
    …of a corporation. We fail to find sufficient allegations in the complaint to indicate both wrongful acts and damage to the corporation. See: James Talcott, Inc. v. McDowell, Fla.App.1962, 148 So. 2d 36; Maronek v. Atlantis Hotel, Inc., Fla.App.1963, 148 So. 2d 721; Citizens National Bank of St. Petersburg v. Peters, Fla.App.1965, 175 So. 2d 54. Affirmed. PEARSON, J., dissents.…
  • Bodner v. Blackwelder, 181 So. 2d 373 (Fla. 3d DCA 1965)
    …lant under rule 1.38(b), Fla.R.C.P., 30 F.S.A., for relief from a final decree of foreclosure. The appellant Bodner is the owner of property involved in the foreclosure. On an earlier appeal (Blackwelder v. D’Ercole Enterprises, Inc., Fla.App.1963, 148 So. 2d 721, 726) this court returned the cause to the circuit court with directions as follows: “ * * * for further proceedings to foreclose the security deed as a mortgage for such sum, without interest, as the chancellor may find remains outstanding and unpa…
  • Schein v. Chasen, 313 So. 2d 739 (Fla. 1975)
    …ful acts and damage to the corporation must be dismissed. Palma v. Zerbey, 189 So. 2d 510, 511 (Fla.App.3, 1966), cert. denied 200 So. 2d 814 (Fla.); James Talcott, Inc. v. McDowell, 148 So. 2d 36 (Fla. App.3, 1962); Maronek v. Atlantis Hotel, Inc., 148 So. 2d 721 (Fla.App.3, 1963); Citizens National Bank of St. Petersburg v. Peters, 175 So. 2d 54 (Fla.App.2, 1965). Specifically, the United States District Court asserted: “Under present Florida case law, a plaintiff in a derivative action must prove that the…
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