Palma v. Zerbey, 66-4
| Decision Date | 26 July 1966 |
| Docket Number | No. 66-4,66-4 |
| Parties | Salvatore V. PALMA, for Use and Benefit of Golden Palms, Inc., a Florida corporation, Appellant, v. John M. ZERBEY, Appellee. . Third District |
| Court | Florida District Court of Appeals |
Appeal from Circuit Court for Dade County; Marshall C. Wiseheart, Judge.
Taylor, Brion, Buker, Hames & Greene and Robert J. Paterno, Miami, for appellant.
Robertson, McLeod & Maloy, Coral Gables, for appellee.
Before HENDRY, C.J., and PEARSON and BARKDULL, JJ.
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.
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Schein v. Chasen
...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 Fla., 200 So.2d 814; Talcott v. McDowell, 148 So.2d 36 (Fla.App.3, 1962); Maronek v. Atlantis Ho......
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Schein v. Chasen
...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.3d, 162); Maronek v......
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Lehman Brothers v. Schein Simon v. Schein Investors Diversified Services, Inc v. Schein 8212 439, 73 8212 440, 43 8212 495
...from the case by the District Court for lack of personal jurisdiction. There was no appeal from that dismissal. 2 .e.g., Palma v. Zerbey, 189 So.2d 510, 511 (Fla.App.1966). 3 The District Court also held that whether Chasen would be liable not for profiting himself from the inside informati......
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Schein v. Chasen
...supra, 24 N.Y.2d at 499, 301 N.Y.S.2d 78. The case cited by defendants for the proposition that damages must be alleged (Palma v. Zerbey, 189 So.2d 510 (Fla.App.1966), cert. denied, 200 So.2d 814 (Fla.1967)) is a one paragraph per curiam opinion of a lower Florida court, the Florida Distric......