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Florida Statute 425.16 - Full Text and Legal Analysis
Florida Statute 425.16 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXX
SOCIAL WELFARE
Chapter 425
RURAL ELECTRIC COOPERATIVES
View Entire Chapter
425.16 Effect of consolidation or merger.—The effect of consolidation or merger shall be as follows:
(1) The several cooperatives, parties to the consolidation or merger, shall be a single cooperative, which, in the case of a consolidation, shall be the new cooperative provided for in the articles of consolidation, and, in the case of a merger, shall be that cooperative designed in the articles of merger as the surviving cooperative, and the separate existence of all cooperatives, parties to the consolidation or merger, except the new or surviving cooperative, shall cease;
(2) Such new or surviving cooperative shall have all the rights, privileges, immunities, and powers and shall be subject to all the duties and liabilities of a cooperative organized under the provisions of this chapter, and shall possess all the rights, privileges, immunities, and franchises, as well of a public as of a private nature, and all property, real and personal, applications for membership, all debts due on whatever account, and all other choses in action, of each of the consolidating or merging cooperatives, and furthermore all and every interest of, or belonging or due to, each of the cooperatives so consolidated or merged, shall be taken and deemed to be transferred to and vested in such new or surviving cooperative without further act or deed; and the title to any real estate, or any interest therein, under the laws of this state vested in any such cooperatives shall not revert or be in any way impaired by reason of such consolidation or merger;
(3) Such new or surviving cooperative shall thenceforth be responsible and liable for all of the liabilities and obligations of each of the cooperatives so consolidated or merged, and any claim existing, or action or proceeding impending, by or against any of such cooperatives may be prosecuted as if such consolidation or merger had not taken place, but such new or surviving cooperative may be substituted in its place;
(4) Neither the rights of creditors nor any liens upon the property of any of such cooperatives shall be impaired by such consolidation or merger; and
(5) In the case of a consolidation, the articles of consolidation shall be deemed to be the articles of incorporation of the new cooperative; and in the case of a merger, the articles of incorporation of the surviving cooperative shall be deemed to be amended to the extent, if any, that changes therein are provided for in the articles of merger.
History.—s. 15, ch. 19138, 1939; CGL 1940 Supp. 6494(58).

F.S. 425.16 on Google Scholar

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Amendments to 425.16


Annotations, Discussions, Cases:

Cases Citing Statute 425.16

Total Results: 7  |  Sort by: Relevance  |  Newest First

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Edward Lewis Tobinick, MD v. Steven Novella, 848 F.3d 935 (11th Cir. 2017).

Cited 166 times | Published | Court of Appeals for the Eleventh Circuit | 96 Fed. R. Serv. 3d 1144, 2017 WL 603832, 2017 U.S. App. LEXIS 2637

...The Tobinick Appellants do not challenge this dismissal on appeal. 4 The purpose of the anti-SLAPP law is to curb the “increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances.” See Cal. Civ. Proc. Code § 425.16(a). Such causes of action are subject to a special motion to strike. Id. § 425.16(b)(1). 7 Case: 15-14889 Date Filed: 02/15/2017 Page: 8 of 32 On March 16, 2015, after converting the Society’s motion to dismiss into a motion for s...
... Case: 15-14889 Date Filed: 02/15/2017 Page: 15 of 32 actual malice such that INR CA, Dr. Tobinick’s California entity, had a probability of prevailing on its state law claims. Tobinick, 108 F. Supp. 3d at 1308, 1309; see Cal. Civ. Proc. Code § 425.16(b)(1)....
...on with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim. Cal. Civ. Proc. Code § 425.16(b)(1). 9 As we have explained, the Supreme Court has identified two types of public figures in this context....
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Davide M. Carbone v. Cable News Network, Inc., 910 F.3d 1345 (11th Cir. 2018).

Cited 114 times | Published | Court of Appeals for the Eleventh Circuit

...utional rights of freedom of speech and petition 22 Case: 17-10812 Date Filed: 12/13/2018 Page: 23 of 29 for redress of grievances.’” 190 F.3d at 973 (quoting Cal. Civ. P. Code § 425.16(a))....
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Edward Lewis Tobinick, MD v. M.D. Steven NOvella, 884 F.3d 1110 (11th Cir. 2018).

Cited 14 times | Published | Court of Appeals for the Eleventh Circuit

...Novella’s special motion to strike under the California anti- SLAPP statute. See Tobinick, 848 F.3d at 943–47. And under that statute, “a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney’s fees and costs.” Cal. Code Civ. Proc. § 425.16(c)(1)....
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The Royalty Network, Inc. v. Carl Harris, 756 F.3d 1351 (11th Cir. 2014).

Cited 12 times | Published | Court of Appeals for the Eleventh Circuit | 42 Media L. Rep. (BNA) 2011, 2014 WL 3362057, 2014 U.S. App. LEXIS 13222

...prima facie showing that the lawsuit arises from his right to petition or to free speech. Id. at 971. The burden then shifts to the plaintiff to establish a reasonable probability he will prevail on the merits. Id.; see also Cal. Civ. Proc. Code § 425.16(b)(1). In Henry v....
...considering those statutes were therefore not presented with a potential conflict 22 Case: 13-12460 Date Filed: 07/10/2014 Page: 23 of 26 between the state laws and Rule 11. Compare Cal. Civ. Code § 425.16, and La. Code Civ....
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Tobinick v. Novella, 207 F. Supp. 3d 1332 (S.D. Fla. 2016).

Published | District Court, S.D. Florida | 44 Media L. Rep. (BNA) 2466, 2016 WL 4704945, 2016 U.S. Dist. LEXIS 121520

...for summary judgment. See DE 74, 120. On September 30, 2014, Novella filed a special motion to strike the claims brought by Edward Lewis Tobinick, M.D., a California medical corporation, pursuant to California’s Anti-SLAPP Statute, California Code § 425.16....
...a Plaintiff under California’s Anti-SLAPP statute. When the Court granted Novella’s Anti-SLAPP motion on June 4, 2015, the Court also ruled that Novella was entitled to fees and costs under California’s Anti-SLAPP Statute, Cal. Civ. Proc. Code § 425.16 (c)(1)....
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Carlos Enrique Luna Lam v. Univision Commc'ns, Inc. (Fla. 3d DCA 2021).

Published | Florida 3rd District Court of Appeal

...tober 12, 2021). 11 special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” Cal. Code Civ. Proc. § 425.16(b)(1) (emphasis added); see also Samuel J....
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Tobinick v. Novella, 108 F. Supp. 3d 1299 (S.D. Fla. 2015).

Published | District Court, S.D. Florida | 43 Media L. Rep. (BNA) 1803, 2015 U.S. Dist. LEXIS 72467, 2015 WL 3540053

...atements about Plaintiffs’ medical practice in two blog posts. Novella has moved to strike Tobinick M.D.’s unfair competition, trade libel, and libel per se claims under California’s “anti-SLAPP” statute, California Code of Civil Procedure section 425.16. 1 A “SLAPP” is a strategic lawsuit against public participation, i.e. a lawsuit “brought primarily to chill the valid exercise of the constitutional right[] of freedom of speech.” CaLCiv. Proc.Code § 425.16(a)....
...Smith, 333 F.3d 1018, 1024 (9th Cir.2003) (internal quotation marks omitted). The Legislature declared “that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process.” Cal.Civ.Proc. Code § 425.16(a)....
...in furtherance of the person’s right of petition or free speech ... - in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” Cal.Civ.Proc. Code § 425.16(b)(1)....
...e open to the public or a public forum in connection with an issue of public interest, or (4) any other conduct in furtherance of the exercise of ... free speech in connection with a public issue or an issue of public interest.” Cal.Civ.Proc. Code § 425.16(e)(3)-(4)....
...s from protected activity. Id. If the court is satisfied that the claim falls within the scope of the statute, then the burden shifts to the plaintiff to establish “a probability that [he or she] will prevail on the claim[s].” Cal.Civ.Proc. Code § 425.16(b)(1); see Navellier, 124 Cal.Rptr.2d 530 , 52 P.3d at 708 ....
...DISCUSSION Subsection A addresses Tobinick M.D.’s argument that the anti-SLAPP statute *1306 does not apply to its claims. For the reasons discussed therein, the Court finds that argument unavailing. In Subsection B, the Court explains why Novella’s conduct constitutes protected activity under section 425.16....
...As such, the Court does not encounter the situation that arose in M.G. where multiple plain *1308 tiffs’ claims were subject to the anti-SLAPP motion to strike, and the Court finds that the anti-SLAPP statute applies to Tobinick M.D.’s claims. B. Protected Activity Under Section 425.16 For California’s anti-SLAPP statute to apply, the Court first must determine that Novella’s allegedly false and/or defamatory statements were made in furtherance of free speech. Novella’s statements undoubtedly qualify as protected activity under the statute, as they were made on a public forum and in connection with an issue of public interest. Cal.Civ.Proc. Code § 425.16(e)(3)....
...The first prong of the anti-SLAPP inquiry therefore is met. C. Tobinick MJD.’s Claims 7 Under the second prong of the anti-SLAPP inquiry, the plaintiff bears the burden of establishing “a probability that [he or she] will prevail on the claim[s].” Cal.Civ.Proc.Code § 425.16(b) (1); see Navellier, 124 Cal.Rptr.2d 530 , 52 P.3d at 708 ....
...f investigatory failure that would support a prima facie case for actual malice. 11 D. Attorney’s Fees As a prevailing defendant, Novella is entitled to recover his attorney’s fees and *1312 costs under the anti-SLAPP statute. Cal. Civ.Proc.Code § 425.16(c)(1)....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.