Florida Statute 607.0746 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 607
FLORIDA BUSINESS CORPORATION ACT

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607.0746 Proceeds and expenses.—On termination of the derivative proceeding the court may:

(1) Order the corporation to pay from the amount recovered in the derivative proceeding by the corporation the plaintiff’s reasonable expenses, including reasonable attorney fees and costs, incurred in the derivative proceeding if it finds that, in the derivative proceeding, the plaintiff was successful in whole or in part; or

(2) Order the plaintiff to pay any of the defendant’s reasonable expenses, including reasonable attorney fees and costs, incurred in defending the proceeding if it finds that the proceeding was commenced or maintained without reasonable cause or for an improper purpose.

History.—s. 78, ch. 2019-90.

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Amendments to 607.0746

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Cases Citing Statute 607.0746

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Mark Spanakos v. Hawk Sys., Inc. (Fla. 4th DCA 2023).

Published | Florida 4th District Court of Appeal

...ement. To be sure, the court may “[o]rder the corporation to pay from the amount recovered in the derivative proceeding by the corporation the plaintiff’s reasonable expenses” if “the plaintiff was successful in whole or in part.” § 607.0746(1), Fla....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.