Florida District Courts of Appeal, 1979

Yost v. Congress International Development Corp.

Yost v. Congress International Development Corp.
Florida District Courts of Appeal · Decided December 28, 1979 · Bill, Chappell, Hubbart, Pearson
378 So. 2d 1300; 1979 Fla. App. LEXIS 16304 (Southern Reporter, Second Series)

Yost v. Congress International Development Corp.

Opinion of the Court

PER CURIAM.

The order dismissing this stockholder’s derivative action is reversed upon a holding that (a) the complaint herein does not allege sufficient facts to show on its face that the action is barred by the statute of limitations, Green v. Bartel, 365 So.2d 785 (Fla.3d DCA 1978); Tullo v. Horner, 296 So.2d 502 (Fla.3d DCA 1974), (b) the dissolution of Congress International Development Corporation does not bar the instant action, § 607.297, Fla.Stat. (1977); and (c) the plaintiffs should be given leave to amend their complaint upon remand to join Clear Lake Village, Inc. as an indispensible party plaintiff to this action. Alario v. Miller, 354 So.2d 925 (Fla.2d DCA 1978).

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