JUDITH H. RICHMAN AND DUR-RICH REALTY, INC.
v.
ROBERT S. CALZARETTA, DEBRA CALZARETTA, KELSMEG, LLC AND SEA & SUN REALTY, INC.
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Section 607.1604(1) does not authorize an award of attorney's fees incurred in garnishment proceedings to collect a fee judgment. The statute's language 'enforce its rights under this section' refers only to enforcing the primary right to inspect and copy corporate records, not to collecting judgments.
[1] A statute authorizing attorney's fees for enforcing rights under that section does not authorize fees incurred in a garnishment proceeding to collect on a prior fee judgm…
[2] The phrase "enforce its rights under this section" in a statute refers to the statute's primary objective, not to subsequent collection efforts on a judgment obtained und…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“If the court orders inspection and copying of the records demanded under s. 607.1602(1), it shall also order the corporation to pay the shareholder's expenses, including reasonable attorney fees, incurred to obtain the order and enforce its rights under this section.”
This provision establishes the scope of attorney's fees recoverable under the statute—those incurred to obtain inspection orders and enforce the right to inspect records.
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Join FLexlaw to unlock all legal intelligenceCalzaretta obtained a judgment for attorney's fees under section 607.1604 for inspecting corporate records, which was affirmed on appeal. Calzaretta t…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED JUDITH H. RICHMAN AND DUR-RICH REALTY, INC.,
Appellants,
v.
Case No. 5D21-1307 LT Case No. 05-2017-CA-015505-X ROBERT S. CALZARETTA, DEBRA CALZARETTA, KELSMEG, LLC AND SEA & SUN REALTY, INC., Appellees.
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Opinion filed May 13, 2022 Appeal from the Circuit Court for Brevard County, Curt Jacobus, Judge. August J. Stanton, Jr., of A. J. Stanton, Jr., P.A., Orlando, for Appellants. Michael R. 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. Dur-Rich Realty, Inc. v. 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. Calzaretta responds, in conclusory fashion, that the “seminal language ‘enforce its rights under this section . . .’ clearly contemplates enforcement actions to collect on the judgment.” In short, Calzaretta contends that enforcement of 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. 607.1602(1) to inspect and copy any records required by that subsection to be available for inspection, the circuit court in the applicable county may summarily order inspection and copying of the records demanded at the corporation’s expense upon application of the shareholder. If the court orders inspection and copying of the records demanded under s. 607.1602(1), it shall also order the corporation to pay the shareholder’s expenses, including reasonable attorney fees, incurred to obtain the order and enforce its rights under this section. (emphasis added).
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Richman v. Calzaretta, 291 So. 3d 616 (Fla. 5th DCA 2022)…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. Dur-Rich Realty, Inc. v. 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…
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- Gartner v. Reverse Mortg. Solutions, Inc., 308 So. 3d 942 (Fla. 1st DCA 2021)
- Richman v. Calzaretta, 291 So. 3d 616 (Fla. 5th DCA 2022)