Florida District Courts of Appeal, 1963

Maronek ex rel. Atlantis Operating Co. v. Atlantis Hotel, Inc.

Maronek ex rel. Atlantis Operating Co. v. Atlantis Hotel, Inc.
Florida District Courts of Appeal · Decided January 22, 1963 · Barkdull, Hendry, Pearson, Tillman
148 So. 2d 721 (Southern Reporter, Second Series)

Maronek ex rel. Atlantis Operating Co. v. Atlantis Hotel, Inc.

Opinion of the Court

PER CURIAM.

The plaintiff in the trial court appeals a final decree for defendant after trial. The only rights which the appellant attempts to assert are those of the Atlantis Operating Co., Inc., in which he is a minority stockholder. In a suit of this nature, one essential allegation of the complaint must be the act whereby the corporation was caused to suffer damage. Talcott v. McDowell, Fla.App.1962, 148 So.2d 36. The chancellor correctly concluded that no such damage was proved.

Affirmed.

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