Opinion
Case No. 3D01-1896
Opinion filed November 6, 2002. Rehearing and/or Rehearing En Banc Denied January 22, 2003
An appeal from the Circuit Court for Dade County, Amy Steele Donner, Judge. Lower Tribunal No. 97-17986.
Robert A. Ader and Elizabeth B. Hitt, for appellants.
Cassidy Black and Michael Black, for appellees.
Before COPE, LEVY and FLETCHER, JJ.
K M Shipping, Inc., Caribbean Barge Line, Inc., and Samir Mourra appeal an adverse judgment after jury verdict.
As a preliminary matter, the appellant dissolved corporations have standing to proceed in this appeal. See National Judgment Recovery Agency, Inc. v. Harris, 27 Fla. L. Weekly D 1747 (Fla. 4th DCA July 31, 2002) (en banc); Cygnet Homes, Inc. v. Kaleny Ltd. of Florida, 681 So.2d 826 (Fla. 5th DCA 1996). Those cases analyze the current version of chapter 607, Florida Statutes, relating to dissolved corporations, see National Recovery Agency, Inc., 27 Fla. L. Weekly at D 1747-1748; Cygnet Homes, Inc., 681 So.2d at 826, which became effective July 1, 1990. See Levine v. Levine, 734 So.2d 1191, 1197 (Fla. 2nd DCA 1999).
Under the facts of this case, we need not address the discussion inLevine v. Levine, 734 So.2d at 1197, regarding after-acquired claims of a dissolved corporation.
On the merits, under the unusual circumstances of this case, the trial court properly allowed it to proceed, inter alia, on a cause of action for unjust enrichment. See Hillman Construction Corp. v. Wainer, 636 So.2d 576 (Fla. 4th DCA 1994). We have carefully considered the appellants' argument to the contrary but are not persuaded thereby. We find that no reversible error has been demonstrated by the appellants' remaining points on appeal.
Affirmed.