Raci Tasman and Dean Tasman v. Luz M. Jusakos and Yani Jusakos

Summary

The Florida Sixth District Court of Appeal affirmed the circuit court's decision in favor of Luz M. Jusakos and Yani Jusakos. The court cited the rule that a corporate member generally must show direct harm and special injury, or a special duty owed to the member, to maintain an individual rather than derivative action.

Holdings

1. A corporation member must establish direct harm and special injury, or a special duty owed to the member, to maintain an individual action instead of a derivative action; the appellate court affirmed the circuit court's disposition.

Questions Presented

1. Whether a corporation member may maintain an individual action rather than a derivative action without alleging direct harm and special injury or a special duty owed to the member.

Disposition

affirmed