Florida Statutes
Fla. Stat. § 605.0803 (2025)
Proper plaintiff.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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605.0803 Proper plaintiff.—A derivative action to enforce a right of a limited liability company may be commenced only by a person who is a member at the time the action is commenced and:
(1) Was a member when the conduct giving rise to the action occurred; or
(2) Whose status as a member devolved on the person by operation of law or pursuant to the terms of the operating agreement from a person who was a member when the conduct giving rise to the action occurred.
Notes of Decisions
Cited in 1
case, 2017–2017 · leading case: Landmark Funding, Inc. v. Chaluts, 213 So. 3d 1078 (Fla. 2d DCA 2017).
Landmark Funding, Inc. v. Chaluts, 213 So. 3d 1078 (Fla. 2d DCA 2017). “See § 605.0803, -Fla. Stat. (2014). The operative complaint in this case alleged ultimate facts demonstrating Landmark’s membership both at the time of the suit and at the time of the alleged misconduct.”
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