HeartPoint Global, Inc., etc. v. Dragon Blue Limited, etc.

Opinion

Third District Court of Appeal State of Florida

Opinion filed July 10, 2024. Not final until disposition of timely filed motion for rehearing.

No. 3D23-1921 Lower Tribunal No. 23-16924

HeartPoint Global, Inc., etc., Appellant,

vs.

Dragon Blue Limited, etc., Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Beatrice Butchko, Judge.

Sniffen & Spellman P.A., and Robert J. Hauser (West Palm Beach), for appellant.

Shutts & Bowen LLP, Aleksey Shtivelman, and Douglas M. Kramer, for appellee.

Before FERNANDEZ, LINDSEY and LOBREE, JJ.

PER CURIAM. Affirmed. § 607.1602(7)(b), Fla. Stat. (2023) (“This section does not

affect: The power of a court, independently of this chapter, to compel the

production of corporate records for examination and to impose reasonable

restrictions ”); Klein v. Estate of Klein, 295 So. 3d 793, 803 (Fla. 4th DCA

2020) (“[T]he [appellees] waived the right to an evidentiary hearing by

agreeing, in advance, to the [trial] court holding a non-evidentiary hearing on

the allocation question. Notably, the [appellees] did not object to the basic

procedure of holding a non-evidentiary hearing until the middle of the

hearing. By waiting until the hearing was well under way to object to the

agreed-upon procedure, any error in failing to hold an evidentiary hearing

was either waived or invited.”); Portales v. Another Beautiful Corp., 121 So.

3d 562, 563 (Fla. 3d DCA 2012) (“By the appellant's failure to timely object

to the procedure she now contends to be irregular, she is deemed to have

waived the objection by acquiescence.”); Computer Sols., Inc. v. Gnaizda,

633 So. 2d 1100,1101-02 (Fla. 3d DCA 1994) (a shareholder inspection to

determine the value of stock is considered a proper purpose); State ex rel.

Fussell v. McLendon, 109 So. 2d 783, 786 (Fla. 3d DCA 1959) (it is proper

for a stockholder to know how the company and its assets are managed).