Maronek v. Atlantis Hotel, Inc.

Full title: MILTON MARONEK, ON BEHALF OF ATLANTIS OPERATING CO., INC., APPELLANT, v…

Court: District Court of Appeal of Florida, Third District

Date published: Feb 8, 1963

148 So. 2d 721 (Fla. Dist. Ct. App. 1963)

Opinion

No. 61-766.

January 22, 1963. Rehearing Denied February 8, 1963.

Appeal from the Circuit Court for Dade County, Grady L. Crawford, J.

B.C. Fuller, Miami Beach, for appellant.

Arthur D. Frishman and Klein, Moore Kline, Miami Beach, for appellees.

Before PEARSON, TILLMAN, C.J., and BARKDULL and HENDRY, JJ.

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.