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607.0744 Dismissal.—
(1) A derivative proceeding may be dismissed, in whole or in part, by the court on motion by the corporation if a group specified in subsection (2) or subsection (3) has determined in good faith, after conducting a reasonable inquiry upon which its conclusions are based, that the maintenance of the derivative proceeding is not in the best interests of the corporation. In all such cases, the corporation has the burden of proof regarding the qualifications, good faith, and reasonable inquiry of the group making the determination.(2) Unless a panel is appointed pursuant to subsection (3), the determination required in subsection (1) shall be made by:(a) A majority of qualified directors present at a meeting of the board of directors if the qualified directors constitute a quorum; or(b) A majority vote of a committee consisting of two or more qualified directors appointed by majority vote of qualified directors present at a meeting of the board of directors, regardless of whether such qualified directors constitute a quorum.(3) Upon motion by the corporation, the court may appoint a panel consisting of one or more disinterested and independent individuals to make a determination required in subsection (1).(4) This section does not prevent the court from:(a) Enforcing a person’s rights under the corporation’s articles of incorporation or bylaws or this chapter, including the person’s rights to information under s. 607.1602; or(b) Exercising its equitable or other powers, including granting extraordinary relief in the form of a temporary restraining order or preliminary injunction.
Feb 01, 2023
Active
Palm Beach County
Palm Beach County, FL
SHAREHOLDER DERIVATIVE ACTION
Securities
Sharehodler Action
Aug 09, 2021
Active
Miami-Dade County
Miami-Dade County, FL
Shareholder Derivative
Securities
General Securities
Filing # 104045170 E-Filed 02/27/2020 04:53:25 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO. 2020-001947-CA (43) COMPLEX BUSINESS LITIGATION RAMON E. RASCO and ARMANDO J. GUERRA, Derivatively on behalf of Nominal Defendant, U.S. CENTURY BANK, Plaintiffs, vs. AIDA LEVITAN, LUIS DE LA AGUILERA, RAMON A. ABADIN, BERNARDO B. FERNANDEZ, JR., KIRK WYCOFF, and HOWARD FEINGLASS, Defendants, and U.S. CENTURY BANK, Nominal Defendant. / U.S. C…
Miami-Dade County, FL
Feb 27, 2020
Shareholder Derivative
Filing # 103353180 E-Filed 02/14/2020 03:19:34 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA RAMON E. RASCO and ARMANDO J. GUERRA, Derivatively on behalf of Nominal Defendant, U.S. CENTURY BANK, COMPLEX BUSINESS DIVISION CASE NO. 2020-001947-CA (43) Plaintiffs, vs. AIDA LEVITAN, LUIS DE LA AGUILERA, RAMON A. ABADIN, BERNARDO B. FERNANDEZ, JR., KIRK WYCOFF, and HOWARD FEINGLASS, Defendants, and U.S. CENTURY BANK, Nominal Defendant. / U.S. CENTUR…
Miami-Dade County, FL
Feb 14, 2020
Shareholder Derivative
MANDATE from DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA THIRD DISTRICT This cause having been brought to the Court by appeal, and after due consideration the Court …
Jul 19, 2018
CLOSED
Miami-Dade County, FL
Apr 25, 2022
Contract & Indebtedness
Filing # 175243465 E-Filed 06/13/2023 04:47:07 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL DIVISION COMPLEX BUSINESS LITIGATION …
Miami-Dade County, FL
Jun 13, 2023
Shareholder Derivative
Filing # 136533636 E-Filed 10/14/2021 10:05:49 AM IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA LUIS ROVERSI, individually and derivatively CASE NO. 21-018852 CA 01…
Aug 09, 2021
OPEN
Miami-Dade County, FL
Oct 14, 2021
Shareholder Derivative
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