Seal of the Third District Court of Appeal. Photo: J. Albert Diaz/ALM Third DCA Enters Ruling Providing Guidance on Burden-Shifting Sanctions
"The Third DCA recognized that a shareholder who is a party to a shareholder's agreement can sue directly for its breach, and that this does fall within the exception for derivative actions; I think that was a very important issue for them to clarify, and it will have an impact [on future litigation]," said Michael P. Hamaway, a partner at Mombach, Boyle, Hardin & Simmons.
September 12, 2024 at 06:03 PM
4 minute read
Civil Appeals
What You Need to Know
- The Third DCA ruled that the trial court improperly applied a burden-shifting sanction in certain crossclaims, requiring reconsideration of those claims without the shifted burden of proof.
- The appellate court reversed part of the judgment related to claims of fraudulent concealment.
- The Third DCA clarified that shareholders who are parties to a shareholders' agreement can sue directly for its breach.
The Third District Court of Appeal in Florida affirmed, reversed in part, and remanded for further proceedings the trial court judgment in the case of John W. Schmitz vs. Dorothy Joan Schmitz.
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