LUIS RODRIGUEZ LOPEZ,
v.
AMERICAN SALES AND MANAGEMENT ORGANIZATION, LLC, ETC.,
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The appellate court reversed a trial court's denial of a former CEO's motion for advancement of appellate attorney's fees. The court held that the parties' operating agreement required advancement of expenses until a final disposition of the case, even after a judgment was entered.
Yes, the operating agreement requires advancement of appellate attorney's fees and costs until a final disposition of the case. The trial court erred in denying Rodriguez's motion.
[1] An order denying a party's claim for advancement of litigation expenses under an indemnification provision determines a party's right to immediate possession of property,…
[2] A contractual provision requiring advancement of expenses until "final disposition" is most plausibly read as meaning the final, non-appealable conclusion of a proceeding…
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Join FLexlaw to unlock all legal intelligence“Because this Court’s prior opinion interpreting the parties’ Operating Agreement requires advancement until a final disposition, we reverse and remand with instructions to grant Rodriguez advancement of his appellate expenses.”
Establishes the court's decision to reverse the lower court's ruling based on prior interpretation of the agreement.
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Join FLexlaw to unlock all legal intelligenceLuis Rodriguez Lopez, former CEO of American Sales and Management Organization, LLC, sought advancement of appellate attorney's fees for a pending mer…
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LINDSEY, J.
Appellant Luis Rodriguez Lopez appeals from a non-final order denying his motion for advancement of appellate attorney’s fees.1 Rodriguez seeks advancement of appellate fees in connection with a separate merits appeal stemming from Appellee American Sales and Management Organization, LLC’s July 2014 lawsuit against Rodriguez, its former CEO and manager, for allegedly conspiring to form a competitor. In 2017, this Court issued an opinion holding that the parties’ Operating Agreement requires American Sales to advance expenses until final disposition. See American Sales & Mgmt. Org., LLC v. Lopez, 217 So. 3d 230 (Fla. 3d DCA 2017). American Sales advanced expenses until a final judgment was entered below. Following entry of the judgment, American Sales appealed and Rodriguez cross-appealed. This merits appeal remains pending.2
Rodriguez then filed a post-judgment motion in the trial court seeking advancement of fees and costs incurred in the pending merits appeal. The trial court denied the motion. Because this Court’s prior opinion interpreting the parties’ Operating Agreement requires advancement until a final disposition, we reverse and remand with instructions to grant Rodriguez advancement of his appellate expenses. See Sun-Times Media Grp., Inc. v. Black, 954 A. 2d 380, 397 (Del. Ch. 2008) (holding that the phrase “final disposition” in an advancement provision “is most plausibly read as meaning the final, non-appealable conclusion of a proceeding”). Reversed and remanded.
shall indemnify and hold harmless any person it sues by reason of the fact that such person was a manager or officer of [American Sales].”).