Sailer v. Nationwide Realty Corp.

District Court of Appeal of Florida

Sailer v. Nationwide Realty Corp.

556 So. 2d 1248, 1990 Fla. App. LEXIS 1096, 1990 WL 15925

CourtDistrict Court of Appeal of Florida

DecidedFebruary 23, 1990

DocketNo. 89-01948

StatusPublished

This text of 556 So. 2d 1248 (Sailer v. Nationwide Realty Corp.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sailer v. Nationwide Realty Corp., 556 So. 2d 1248, 1990 Fla. App. LEXIS 1096, 1990 WL 15925 (Fla. Ct. App. 1990).

Pincite

Opinion

PER CURIAM.

Appellants appeal a final judgment dismissing their complaint against appellees without prejudice to the right to pursue a shareholder’s derivative claim. We affirm. However, our affirmance is also without prejudice to appellants’ right to pursue individual causes of actions against appellees in the event appellants are able to allege such a cause of action which would assert rights individual to themselves and differing from any rights they have in common as shareholders or members of the nonprofit corporation Sanibel Bayous Homeowners Association, Inc. The allegations of the complaint dismissed below did not attempt to assert any such individual rights. Such rights, if any, would arise from a separate and distinct cause of action which would exist, if at all, in appellants in a different capacity than the representative capacity in which they attempted to bring the cause of action underlying this appeal.

CAMPBELL, C.J., and HALL and PARKER, JJ., concur.

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PER CURIAM.

Appellants appeal a final judgment dismissing their complaint against appellees without prejudice to the right to pursue a shareholder’s derivative claim. We affirm. However, our affirmance is also without prejudice to appellants’ right to pursue individual causes of actions against appellees in the event appellants are able to allege such a cause of action which would assert rights individual to themselves and differing from any rights they have in common as shareholders or members of the nonprofit corporation Sanibel Bayous Homeowners Association, Inc. The allegations of the complaint dismissed below did not attempt to assert any such individual rights. Such rights, if any, would arise from a separate and distinct cause of action which would exist, if at all, in appellants in a different capacity than the representative capacity in which they attempted to bring the cause of action underlying this appeal.

CAMPBELL, C.J., and HALL and PARKER, JJ., concur.

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Bluebook (online)

556 So. 2d 1248, 1990 Fla. App. LEXIS 1096, 1990 WL 15925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sailer-v-nationwide-realty-corp-fladistctapp-1990.