Florida Statutes
Fla. Stat. § 607.0746 (2025)
Proceeds and expenses.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2023–2023 · leading case: Mark Spanakos v. Hawk Sys., Inc. (Fla. 4th DCA 2023).
Mark Spanakos v. Hawk Sys., Inc. (Fla. 4th DCA 2023). “” § 607.0746(1), Fla. Stat. (2022). However, the court’s discretionary authority to award the plaintiff his reasonable expenses out of any recovery has nothing to do with the validity of a lump sum proposal for settlement in a shareholder derivative action.”
— 607.0746(1) — 1 case
Mark Spanakos v. Hawk Sys., Inc. (Fla. 4th DCA 2023). “” § 607.0746(1), Fla. Stat. (2022). However, the court’s discretionary authority to award the plaintiff his reasonable expenses out of any recovery has nothing to do with the validity of a lump sum proposal for settlement in a shareholder derivative action.”
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