Yost v. Congress International Development Corp.

District Court of Appeal of Florida

Yost v. Congress International Development Corp.

378 So. 2d 1300, 1979 Fla. App. LEXIS 16304

CourtDistrict Court of Appeal of Florida

DecidedDecember 28, 1979

DocketNo. 79-904

StatusPublished

Cited by1 cases

This text of 378 So. 2d 1300 (Yost v. Congress International Development 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.

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Yost v. Congress International Development Corp., 378 So. 2d 1300, 1979 Fla. App. LEXIS 16304 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

The order dismissing this stockholder’s derivative action is reversed upon a holding that (a) the complaint herein does not allege sufficient facts to show on its face that the action is barred by the statute of limitations, Green v. Bartel, 365 So.2d 785 (Fla.3d DCA 1978); Tullo v. Horner, 296 So.2d 502 (Fla.3d DCA 1974), (b) the dissolution of Congress International Development Corporation does not bar the instant action, § 607.297, Fla.Stat. (1977); and (c) the plaintiffs should be given leave to amend their complaint upon remand to join Clear Lake Village, Inc. as an indispensible party plaintiff to this action. Alario v. Miller, 354 So.2d 925 (Fla.2d DCA 1978).

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PER CURIAM.

The order dismissing this stockholder’s derivative action is reversed upon a holding that (a) the complaint herein does not allege sufficient facts to show on its face that the action is barred by the statute of limitations, Green v. Bartel, 365 So.2d 785 (Fla.3d DCA 1978); Tullo v. Horner, 296 So.2d 502 (Fla.3d DCA 1974), (b) the dissolution of Congress International Development Corporation does not bar the instant action, § 607.297, Fla.Stat. (1977); and (c) the plaintiffs should be given leave to amend their complaint upon remand to join Clear Lake Village, Inc. as an indispensible party plaintiff to this action. Alario v. Miller, 354 So.2d 925 (Fla.2d DCA 1978).

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378 So. 2d 1300, 1979 Fla. App. LEXIS 16304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yost-v-congress-international-development-corp-fladistctapp-1979.

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