Florida Statutes
Fla. Stat. § 605.0801 (2025)
Direct action by member.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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605.0801 Direct action by member.—
(1) Subject to subsection (2), a member may maintain a direct action against another member, a manager, or the limited liability company to enforce the member’s rights and otherwise protect the member’s interests, including rights and interests under the operating agreement or this chapter or arising independently of the membership relationship.
(2) A member maintaining a direct action under this section must plead and prove either:
(a) An actual or threatened injury that is not solely the result of an injury suffered or threatened to be suffered by the limited liability company; or
(b) An actual or threatened injury resulting from a violation of a separate statutory or contractual duty owed by the alleged wrongdoer to the member, even if the injury is in whole or in part the same as the injury suffered or threatened to be suffered by the limited liability company.
Notes of Decisions
Cited in 6
cases (3 in the last 5 years), 2018–2026 · leading case: Silver Crown Invs., LLC v. Team Real Est. Mgmt., LLC, 349 F. Supp. 3d 1316 (S.D. Fla. 2018).
Silver Crown Invs., LLC v. Team Real Est. Mgmt., LLC, 349 F. Supp. 3d 1316 (S.D. Fla. 2018). “" Fla. Stat. § 605.0801 . In Ferk Family, LP v.”
Ferk Fam., Lp v. Frank, 240 So. 3d 826 (Fla. 3d DCA 2018). “Specifically, section 605.0801, Florida Statutes (2016), titled “Direct action by member,” provides: (1) Subject to subsection (2), a member may maintain a direct action against another member, a manager, or the limited liability company to enforce the member’s rights and…”
Aldo Disorbo v. Am. Van Lines, Inc. (Fla. 4th DCA 2023). “” § 605.0801(2), Fla. Stat. (2015). 2 Under this two-prong test, a direct action may be brought only if “(1) there is a direct harm to the shareholder or member such that the alleged injury does not flow subsequently from an initial harm to the company and (2) there is a special…”
Fratelli bvba v. APM Music Servs., LLC (S.D.N.Y. 2021). “See Fla. Stat. Ann. § 605.0801 . It allows “a member” to “maintain a direct action against another member” to “enforce the member’s rights .”
Doshi v. Cagle Road Land LLC (M.D. Fla. 2019). “at § 605.0801. Conversely, [a] member may maintain a derivative action to enforce a right of a limited liability company if: (1) The member first makes a demand on the other members in a member- managed limited liability company or the managers of a manager-managed limited…”
Pablo Dario Castillo v. Fernando Colmenares; Fernando Colmenares v. Pablo Dario Castillo (S.D. Fla. 2026). “FL Stat § 605.0801 (2025). The Complaint properly pleads actual injury suffered directly by Plaintiff, and the Motion for Default Judgment and the Supplement prove that injury.”
— 605.0801(2) — 1 case
Aldo Disorbo v. Am. Van Lines, Inc. (Fla. 4th DCA 2023). “” § 605.0801(2), Fla. Stat. (2015). 2 Under this two-prong test, a direct action may be brought only if “(1) there is a direct harm to the shareholder or member such that the alleged injury does not flow subsequently from an initial harm to the company and (2) there is a special…”
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