617.0304 Ultra vires.—(1) Except as provided in subsection (2), the validity of corporate action, including, but not limited to, any conveyance, transfer, or encumbrance of real or personal property to or by a corporation, may not be challenged on the ground that the corporation lacks or lacked power to act.(2) A corporation’s power to act may be challenged:(a) In a proceeding by a member against the corporation to enjoin the act;(b) In a proceeding by the corporation, directly, derivatively, or through a receiver, trustee, or other legal representative, or through members in a representative suit, against an incumbent or former officer, employee, or agent of the corporation; or(c) In a proceeding by the Attorney General, as provided in this act, to dissolve the corporation or in a proceeding by the Attorney General to enjoin the corporation from the transaction of unauthorized business.(3) In a member’s proceeding under paragraph (2)(a) to enjoin an unauthorized corporate act, the court may enjoin or set aside the act, if equitable and if all affected persons are parties to the proceeding, and may award damages for loss (other than anticipated profits) suffered by the corporation or another party because of enjoining the unauthorized act.
Dec 17, 2018
Dismissal
Miami-Dade County
Miami-Dade County, FL
Other Civil Complaint
Section 617.0303
Section 617.0401
2 993 So.2d 86, 33 Fla. L. Weekly D2316 (Cite as: 993 So.2d 86) public charity as “any organization that is charitable as determined by Massachusetts law including statutory and case law irre- spective of its categorization under federal definitions”). We also note that, according to its financial statements, the company takes in millions of dollars from its credit clients and apparently receives no dona- tions. In fact, it is hard to think of this or- ganization as a charity at all, let a…
Nov 14, 2008
Disposed
Collier County, FL
Jan 20, 2010
Other Circuit Civil Writ of Replevin
Murphy, Vince
2 993 So.2d 86, 33 Fla. L. Weekly D2316 (Cite as: 993 So.2d 86) public charity as “any organization that is charitable as determined by Massachusetts law including statutory and case law irre- spective of its categorization under federal definitions”). We also note that, according to its financial statements, the company takes in millions of dollars from its credit clients and apparently receives no dona- tions. In fact, it is hard to think of this or- ganization as a charity at all, let a…
Collier County, FL
Jan 20, 2010
Other Circuit Civil Writ of Replevin
Murphy, Vince
5 pages
Filing #25589252 E-Filed 04/01/2015 02:52:18 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA DIVISION: CASE NO.: CENTERS FOR SPIRITUAL LIVING, A Colorado corporation MARTHA BARNES CARLOS HERNANDEZ Plaintiffs Vv. BRANDY…
14 pages
Filing # 133790729 E-Filed 08/31/2021 04:27:31 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA. CASE NO.: 50-2021-CA-000132-XXXX-MB HUNTERS RUN PROPERTY OWNERS ASSOCIATION, INC., Plaintiff, Vv. CENTERLINE REAL ESTATE, LLC, COASTAL MORTGAGE HOLDINGS, LLC, WADE RINER, INDIVIDUALLY AND AS TRUSTEE OF OFFIELD LEGACY TRUST #2, STOCKDICK LAND COMPANY, AEGIS CAPITAL TX, LP, BREVARD INTERESTS, INC., MONTI WILKINS Defendants. CENTERLINE REAL ESTATE, LLC,…
Palm Beach County, FL
Aug 31, 2021
OTHER CIRCUIT
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 action. [It is our opinion that Telford constitutes a charitable organization. It is by its own declaration an organization under 501(c) (3) of the Internal Revenue Code. Telford exists solely to make charitable distributions to specified charitable beneficiaries, chief among them being the Plaintiff, NCH. Thus, Telford constitutes a charitable trust and is subject to Attorney General oversight as such. The Attorney General also has bro…
Collier County, FL
Aug 27, 2010
Other Circuit Civil Writ of Replevin
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