605.0802

Derivative action.

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

605.0802 Derivative action.—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 liability company requesting that the managers or other members cause the company to take suitable action to enforce the right, and the managers or other members do not take the action within a reasonable time, not to exceed 90 days; or

(2) A demand under subsection (1) would be futile, or irreparable injury would result to the company by waiting for the other members or the managers to take action to enforce the right in accordance with subsection (1).

History.—s. 2, ch. 2013-180.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2018–2026 · leading case: Silver Crown Invs., LLC v. Team Real Estate Mgmt., LLC

Sort: Relevance Newest Treatment

Silver Crown Invs., LLC v. Team Real Estate Mgmt., LLC (2018) flsd · cites it 9× “Further, Defendants argue Plaintiffs' SAC contains no allegations showing Plaintiffs complied with the statutory requirements to prosecute a derivative claim under Fla. Stat § 605.0802 and, therefore, the claim must be dismissed.”

HOME TITLE COMPANY OF MARYLAND, INC. v. MICHAEL J. LASALLA (2018) fladistctapp “§§ 605.0802, 605.0803. Even assuming that LaSalla was permitted under the applicable statutes to file a derivative action on behalf of the LLC against Home Title, LaSalla did not file such an action.”

Avesta Communities, LLC, Rex v. Fred (2026) fladistctapp · cites it 2× “1 1 In a derivative claim, a member or shareholder of a corporate entity purports to bring an action on behalf of that entity to recover damages for the corporate entity.”

Doshi v. Cagle Road Land LLC (2019) flmd “at § 605.0802. In light of the foregoing, it appears that if any harm arising from the transfer between Cagle Road LLC and CRLAG is properly attributed to Cagle Road LLC, then Cagle Road LLC would be the proper plaintiff, as opposed to Paresh.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.