The 2024 Florida Statutes
|
||||||
|
. . . Graham filed a notice under section 607.1436, Florida Statutes, electing to purchase all of Dr. . . . Graham asked the court to make the determination pursuant to section 607.1436(4), which triggered a stay . . . The order recognized that the dissolution proceedings were stayed under section 607.1436(4) but rejected . . . may elect to purchase the shares of the complaining shareholder at the fair value of the shares. § 607.1436 . . . And rightly so, as the language of section 607.1436(4) clearly provides that a stay of the " s. 607.1430 . . .
. . . (5) and dismissed Cox’s suit under section 607.1436(6). . . . Stat. § 607.1436(4). . See Cox Enters., Inc. v. . . . Stat. § 607.1436(8). . Cox II, 666 F.3d at 703. . See Fla. . . . Stat. § 607.1436(7) (emphasis added). . . . . Stat. § 607.1436(8) (emphasis added); see Cox II, 666 F.3d at 707. . . . .
. . . See § 607.1436(1), Fla. Stat. (2006). MCR also asserted claims against John and his new company. . . .
. . . Here, if the trial court erred, it did so in its application of section 607.1436, which is the correct . . . My concern is with the language of the correct law applicable to this case, section 607.1436. . . . See § 607.1436(1). . . . Subsection (4) of section 607.1436 provides that if the parties cannot agree on the fair value of the . . . The statute speaks in terms of the corporation’s filing such a notice. § 607.1436(7). . . . response to the claim for judicial dissolution, Pfaff elected to purchase Jones’ shares under section 607.1436 . . . Consequently, the trial court held a hearing and determined the fair value, as provided for in section 607.1436 . . . instead filed a timely notice of intention to adopt articles of dissolution, as provided for in section 607.1436 . . . on appeal declining jurisdiction on the basis of the language in subsections (6) and (7) of section 607.1436 . . . shares, which according to the statute, is “enforceable in the same manner as any other judgment.” § 607.1436 . . .
. . . . § 607.1436. . . . Stat. § 607.1436(5). . . . Stat. § 607.1436(6). . . . Stat. § 607.1436(6). . . . Stat. § 607.1436. . . .
. . . . § 607.1436 (2003). . . . Stat. § 607.1436(1). . . . . § 607.1436(6). . . . Stat. § 607.1436(5). . . . Stat. § 607.1436. . . . .
. . . Stone’s interest in the corporation pursuant to section 607.1436. . . .
. . . dissolution by filing an irrevocable notice of election to purchase Cox’s shares pursuant to section 607.1436 . . . Stat. § 607.1436(4). . . . See §§ 607.1436(5), 607.1430(3), Fla. Stat. . . . Stat. § 607.1436(5). . . . In light of section 607.1436(5), I undoubtedly possess discretion to award reasonable fees and expenses . . .
. . . her statutory right to make an irrevocable election to purchase Morales’ shares pursuant to section 607.1436 . . . Garcia, 870 So.2d 870, 873 (Fla. 3d DCA 2004)(afflrming a valuation pursuant to section 607.1436 and . . . decision not to award Morales prejudgment interest on her Gilly Vending shares pursuant to section 607.1436 . . . Section 607.1436(5) provides that “Interest may be allowed at the rate and from the date determined by . . . Similar equitable provisions are contained in sections 607.1434 and 607.1436. . . .
. . . Triarsi and Triarsi Enterprises had elected their right under section 607.1436, Florida Statutes (2000 . . . receive the amounts awarded by this order, which, subject to all provisions of this order and section 607.1436 . . . Appellee, Onofrio Triarsi, exercised his right to purchase all of Appellant’s shares pursuant to section 607.1436 . . .
. . . Ghilardi and Younkin, pursuant to section 607.1436 of the Florida Statutes, elected to purchase Garcia . . . as of the day before the date on which the petition [to dissolve the corporation] was filed....” § 607.1436 . . . Section 607.1436(4) and Florida case law neither define “fair value” nor provide criteria by which “fair . . .
. . . Section 607.1436 directs the procedure to be followed in these proceedings. . . . See § 607.1436(7), Fla. Stat. (2001). . . . Unlike the language in subsection one of section 607.1436, which gives the court the discretion to set . . . See, e.g., § 607.1436(7), Fla. Stat. (2001). . . . See § 607.1436, Fla. Stat. (1999). . . .
. . . In determining the “fair value” of Munshower’s shares, as required by section 607.1436(1), Florida Statutes . . . Section 607.1436(5), Florida Statutes, provides, in pertinent part, that a court may award a petitioner . . .
. . . consider the necessity of continuing the receivership, in light of their purported election under section 607.1436 . . . We note that the section 607.1436 election occurred during the pendency of this appeal, so the trial . . .