SALVATORE V. PALMA, FOR USE AND BENEFIT OF GOLDEN PALMS, INC., A FLORIDA CORPORATION, APPELLANT,
v.
JOHN M. ZERBEY, APPELLEE
By this appeal we are called upon to review a final order of dismissal of an amended complaint, after the plaintiff had declined to amend further. We affirm.
It is apparent that the action attempted to be pleaded was in the nature of a stockholder’s derivative action on behalf 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.
Cases With Similar Vibessemantic neighbors from the corpus
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Schein v. Chasen, 313 So. 2d 739 (Fla. 1975)…presented in the instant cause, several Florida District Courts of Appeal have indicated that a complaint in a stockholders’ derivative action which fails to allege both wrongful 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…1 / 2
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Palma v. Zerbey, 200 So. 2d 814 (Fla. 1967)…Certiorari denied without opinion. 189 So. 2d 510.…
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Vole v. Drury (Fla. 3d DCA 2023)…PER CURIAM. Affirmed. Palma v. Zerbey, 189 So. 2d 510, 511 (Fla. 3d DCA 1966); James Talcott, Inc. v. McDowell, 148 So. 2d 36, 37 (Fla. 3d DCA 1962).…
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- Citizens Nat'l Bank OF ST. Petersburg v. Peters, 175 So. 2d 54 (Fla. 2d DCA 1965)
- James Talcott, Inc. v. McDOWELL, 148 So. 2d 36 (Fla. 3d DCA 1962)
- Maronek v. Atlantis Hotel, Inc., 148 So. 2d 721 (Fla. 3d DCA 1963)