CopyCited 9 times | Published | District Court, S.D. Florida | 68 Fed. R. Serv. 3d 326, 2006 U.S. Dist. LEXIS 96394
...; see also Forbes v. Lewis Bear Co.,
524 So.2d 1098, 1099 (Fla. 1st DCA 1988) (affirming lower court’s finding that owners and operators of a business which was not in existence during the relevant time period were individually liable); Fla. Stat. §
607.0204 (“All persons purporting to act as or on behalf of a corporation, having actual knowledge that there was no corporation under this chapter, are jointly and severally liable for all liabilities created by so acting____”)....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2000 WL 377351
...Vining had participated as an agent, officer, or representative of the unformed limited liability company in 1995 and 1996. Based upon these allegations, Mr. Ruggio raised three affirmative defenses, contending that Mr. Vining's claim was barred by laches, estoppel, and section 607.0204, Florida Statutes (1995)....
...Vining was not acting on behalf of the unformed company, the defenses of waiver and estoppel create questions of fact in this case. This is true, even though those defenses are not specifically incorporated into section 608.437. Section 608.437, unlike section 607.0204, Florida Statutes (1995) (a similar provision applicable to corporations), does not make an exception for liabilities to persons who share knowledge of the company's nonexistence....
...2d DCA 1999) (limiting scope of business of dissolved corporation to acts of "wind[ing] up and liquidat[ing] its business and affairs"). Reversed and remanded for further proceedings consistent with this opinion. CASANUEVA and GREEN, JJ., Concur. NOTES [1] Section 607.0204, Florida Statutes (1995), provides that a person acting on behalf of a corporation while knowing the corporation is not in existence is personally liable for the liabilities thus incurred unless the liability is to a person who also knew of the corporation's nonexistence....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1991 WL 139155
...laining the term by showing the types of material to be *406 cleared from the lots. The trial court correctly allowed that evidence. For the foregoing reasons, we affirm the judgment of the trial court. Affirmed. NOTES [1] § 607.397 was replaced by §
607.0204 on July 1, 1990. The generally accepted rule of construction is that absent an express legislative declaration to the contrary, a law is presumed to operate prospectively. Seaboard System Railroad, Inc. v. Clemente,
467 So.2d 348 (Fla. 3d DCA 1985). Inasmuch as §
607.0204 contains no such retroactive language, § 607.397 is applied here.
CopyPublished | Florida 2nd District Court of Appeal | 1992 Fla. App. LEXIS 1014, 1992 WL 21857
...iable for an obligation of the corporation incurred prior to its dissolution. Compare § 607.271(5), Fla. Stat. (1989) (repealed 1990; current version at §
607.1430, Fla.Stat. (1991)); § 607.397, Fla.Stat. (1989) (repealed 1990; current version at §
607.0204, Fla.Stat....
