Fox v. Professional Wrecker Operators of Florida, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that whether a complaint sufficiently states a cause of action is an issue of law reviewed de novo
• recognizing that common law right to bring derivative claim against not-for-profit corporation not abrogated by 1993 statutory amendment deleting reference to derivative actions in not-for-profit statute
• noting that, where trial court order on a motion to 3 Dr. Scherr did file a post-suit demand on July 27, 2018. 6 dismiss resolves an issue of law, it is reviewed on appeal under the de novo standard.
• “[A]t common law the directors of a private corporation are considered by equity to be in a fiduciary relationship with the corporation and its shareholders . . . .”
• “[T]he injury is the determining factor in deciding whether a claim is direct or derivative; if the injury is to the corporation, and only indirectly harms the shareholder, the claim must be pursued as a derivative claim.”

Source: CourtListener parenthetical corpus (CC0).