Florida/Georgia Personal Injury & Workers Compensation

...199 (1934) (holding under predecessor statute that corporation's right to sue was presumed until contrary appeared). We note that, even if LZD's dissolved status had been a proper basis for dismissing its action, such a dismissal could only have been without prejudice. Under section 607.1422(3), the corporation has the right to become reinstated "at any time." Reinstatement would relate back to the date of dissolution, and the corporation would resume carrying on its business "as if the administrative dissolution had never occurred." Id....

...However, a corporation administratively dissolved for technical reasons may reinstate itself by filing a satisfactory current annual report. Such reinstatement "relates back to and takes effect as of the effective date of the administrative dissolution," and treats the corporation as though it had never been dissolved. [1] § 607.1422(2)-(3), Fla. Stat. (2003); Cosmopolitan Distribs., Inc. v. Lehnert, 470 So.2d 738, 739 (Fla. 3d DCA 1985) ("[t]he effect of section [607.1422, previously section 607.271(5)], allowing reinstatement at any time of a corporation which has been involuntarily dissolved for certain technical reasons, is to treat the corporation as though it has never been dissolved")....

Venegas, 862 So.2d 6, 8 (Fla. 3d DCA 2003) (quoting § 607.1422(3), Fla. Stat. (2012)). This court further observed

...be remedied at any point.”); Indus. Nat’l Mortg. Co. v. Blake, 406 So. 2d 103, 104 (Fla. 3d DCA 1981) (“Industrial National could have overcome its litigious disability by the simple expedient of filing the overdue reports and paying the back taxes.”); accord § 607.1422(3), Fla....

mandated by Florida’s corporate revival statute, section 607.1422, Florida Statutes (Supp.1990), which provides

...instated for six months, and thus, the airplane was not found registered to a dissolved corporation. Accordingly, at the time of the seizure, First Coast was not operating its airplane in violation of the statute. This interpretation is bolstered by section 607.1422(3), Florida Statutes (1991), which provides: When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the corporation resumes carrying on its business as if the administrative dissolution had never occurred....

...tiss’ death), the trial court erred in not relating back the reinstatement to the date of the administrative dissolution, thereby treating the Foundation as if it had never been administratively dissolved. Charles relies for this proposition on section 607.1422, Florida Statutes (2011), which provides in pertinent part: (1) A corporation administratively dissolved under s....

...presented here: a determination of whether, at a fixed point in time (the date of Curtiss’ death), the Foundation “was no longer in existence” as instructed by the Trust’s time-certain testamentary provision. Were we to apply the relation-back provision of section 607.1422 to the instant circumstance, as urged by Charles, the administration of an estate might never achieve finality, because an administratively dissolved beneficiary might (at some unknown point in the future) be reinstated and seek a...

...3d DCA 2003) (citing Bacardi v. White, 463 So. 2d 218, 221 (Fla. 1985)). The question presented here is not whether the Foundation could, post-reinstatement, resume “carrying on its business as if the administrative dissolution had never occurred.” § 607.1422(3), Fla....

...tive answer to this question triggered an expressed Trust directive, requiring the Trustee to “distribute all of the remaining trust estate to the FELLOWSHIP HOUSE” rather than to the Foundation. To apply the relation-back provision of section 607.1422 to this determination would unquestionably frustrate Curtiss’ intent as set forth in the Trust, rendering it incompatible with the paramount rule of testamentary construction....