Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448
The 2024 Florida Statutes
|
||||||
|
Total Results: 11
Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-02T00:00:00-07:00
Snippet: but by the more specific provisions of section 617.07401(5), Florida Statutes, that address with particularity…evading the more stringent requirements of section 617.07401(5) and rendering that statutory provision meaningless
Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-28T00:00:00-07:00
Snippet: an “independent panelist” pursuant to section 617.07401(3)(c), Florida Statutes (2021), to investigate…trial court also concluded, pursuant to section 617.07401(3), that Robbins’ determination was “made in good… good faith and 1 Section 617.07401(3)(c), Florida Statutes, provides that a trial court may dismiss…the Association attorney’s fees under section 617.07401(5), Florida Statues (2021), because there was …requirement under that statute. 2 2 Section 617.07401(5), Florida Statutes, provides: Upon
Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-28T00:00:00-07:00
Snippet: an “independent panelist” pursuant to section 617.07401(3)(c), Florida Statutes (2021), to investigate…trial court also concluded, pursuant to section 617.07401(3), that Robbins’ determination was “made in good… good faith and 1 Section 617.07401(3)(c), Florida Statutes, provides that a trial court may dismiss…the Association attorney’s fees under section 617.07401(5), Florida Statues (2021), because there was …requirement under that statute. 2 2 Section 617.07401(5), Florida Statutes, provides: Upon
Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-27T00:00:00-07:00
Snippet: award of fees in this case, rather than section 617.07401(5), Florida Statutes (2022). We agree…directors, the motion sought fees pursuant to section 617.07401(5). At the hearing on the Association’s trial…” The trial court then ruled that section 617.07401(5) applied to the fees determination and that …attorney’s fees by incorrectly applying section 617.07401(5) to the motion rather than section 718.303(1…both in the trial court and on appeal. Section 617.07401(5) was merely an alternative basis upon which
Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-28T23:53:00-08:00
Snippet: court dismissed the action pursuant to section 617.07401(3)(b), Florida Statutes (2020), because an independent…s behalf, sue the directors. Although section 617.07401(2) provides that a member must give a board of… within ninety days. See § 617.07401(2), Fla. Stat. (2020) (stating that an association…-day period”). In accordance with section 617.07401(3), the Association commenced an investigation…independent directors constitute a quorum[.] § 617.07401(3)(b). In December, the majority of Association
Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-01T00:53:00-07:00
Snippet: serve a pre-suit demand pursuant to section 617.07401, Florida Statutes (2016); (2) Cornfeld’s claims…how they wanted to proceed, tracking section 617.07401. That statute provides that, in order to determine
Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-01T00:53:00-07:00
Snippet: 617, unless otherwise noted. Id. Section 617.07401, Florida Statutes, restricts the ability of members…comply with the pre- suit requirements of section 617.07401, would necessarily create a conflict between the…possible, we conclude that sections 718.303(1) and 617.07401 do not conflict. See Abbott Labs. v. Mylan Pharm…1976. Part C discusses the enactment of section 617.07401 in 2009, and the limited case law following it…it. We conclude by finding that section 617.07401 applies to the instant action and Iezzi’s failure to
Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-30T00:53:00-07:00
Snippet: the owner corrected the error by citing section 617.07401, Florida Statutes (2015), and demanded to inspect…filed a verified complaint, pursuant to section 617.07401, alleging: (1) breach of fiduciary duty; (2) negligence…it is governed by Chapter 617. Section 617.07401(2), Florida Statutes, provides that a suit cannot…trial court properly dismissed the complaint. § 617.07401, Fla. Stat. The trial court also correctly…verified complaint failed to comply with section 617.07401 by failing to plead an exception to the ninety-day
Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-30T00:00:00-07:00
Citation: 226 So. 3d 924, 2017 Fla. App. LEXIS 12469, 2017 WL 3727049
Snippet: the owner corrected the error by citing section 617.07401, Florida Statutes (2016), and demanded to inspect…filed a verified complaint, pursuant to section 617.07401, alleging: (1) breach of fiduciary duty; (2) negligence…corporation, it is governed by Chapter 617. Section 617.07401(2), Florida' Statutes, provides that a suit…trial court properly dismissed the complaint. § 617.07401, Fla. Stat. The trial court also correctly found…verified complaint failed to comply with section 617.07401 by failing to plead an exception to the ninety-day
Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-20T00:00:00-08:00
Citation: 179 So. 3d 489, 2015 Fla. App. LEXIS 17422, 2015 WL 7302585
Snippet: nonprofit corporations, such as the HOA. See § 617.07401, Fla. Stat. (2010); Fox v. Prof' l Wrecker
Court: Fla. Dist. Ct. App. | Date Filed: 2011-11-02T00:00:00-07:00
Citation: 76 So. 3d 955, 2011 Fla. App. LEXIS 17349, 2011 WL 5188986
Snippet: compliance with the presuit requirements of section 617.07401, Florida Statutes (2009), applicable to nonprofit