Florida/Georgia Personal Injury & Workers Compensation

...Lopez, of course, did not consent to his own removal. Lopez acknowledges that removal of a manager of a manager- managed LLC generally requires the consent of the “member or members holding more than 50 percent of the then-current percentage” interest in the LLC’s profits. § 605.04072(4), Fla....

...organization, which was improper without his consent. 2  We disagree with Lopez’s argument and his assertion that section 605.04073(2) is the statute of more specific application. The plain language of section 605.04072(4) permits the removal of a manager of a manager-managed LLC with the consent of members owning a majority interest in the LLC’s profits....

...2017) (“[O]ur first (and often only) step in statutory construction is to ask what the Legislature actually said in the statute . . . .” (Lawson, J., concurring in part and dissenting in part) (citation omitted)). Despite the plain language of section 605.04072, Lopez is correct that section 605.04073(2)(e) requires the consent of all members to change an LLC’s operating agreement or articles of organization. But Lopez is not correct that section 605.04073 is the more specific statute. Section 605.04073(2)(e) applies, generally, to amendments to an operating agreement and articles of organization. Section 605.04072, on the other hand, specifically addresses the percentage needed to remove a manager in a manager-managed LLC....

...Rudnick, No. 14-80809- CIV, 2014 WL 4060029, at *2 (S.D. Fla. Aug. 14, 2014) (citations omitted). Here, the parties did not amend the default rule through an operating agreement, and there is no question about the legislature’s intent in enacting section 605.04072....