K & M SHIPPING, INC., CARIBBEAN BARGE LINE, INC., AND SAMIR MOURRA, APPELLANTS,
v.
SEDEN PENEL, MONA LOUIS, AND JEAN JOSEPH CALIXTE, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Dissolved corporations have standing to appeal, and the trial court properly allowed the unjust enrichment claim to proceed.
Appellants, K & M Shipping, Inc., Caribbean Barge Line, Inc., and Samir Mourra, are dissolved corporations who appealed an adverse jury verdict.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Unjust Enrichment cases and more on FLexlaw
PER CURIAM.
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, 826 So. 2d 1034 (Fla. 4th DCA 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., 826 So. 2d at 1034-36; 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).*
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.
*
Under the facts of this case, we need not address the discussion in Levine v. Levine, 734 So. 2d at 1197, regarding after-acquired claims of a dissolved corporation.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Allied Roofing Indus., Inc. v. Denilo Venegas, 862 So. 2d 6 (Fla. 3d DCA 2003)…(3); 607.1405(1), Fla. Stat. (2003); Nat'l Judgment Recovery Agency, Inc. v. Harris, 826 So. 2d 1034 (Fla. 4th DCA 2002); Cygnet Homes, Inc. v. Kaleny Ltd. of Florida, Inc., 681 So. 2d 826 (Fla. 5th DCA 1996); see also K & M Shipping, Inc. v. Penel, 834 So. 2d 876 (Fla. 3d DCA 2002). However, a corporation administratively dissolved for technical reasons may reinstate itself by filing a satisfactory current annual report. Such reinstatement “relates back to and takes effect as of the effective date of the adm…
Authorities Cited
- Cygnet Homes, Inc. v. Kaleny Ltd. OF Fla., Inc., 681 So. 2d 826 (Fla. 5th DCA 1996)
- Hillman Constr. Corp. v. Wainer, 636 So. 2d 576 (Fla. 4th DCA 1994)
- Conner v. State, 734 So. 2d 1191 (Fla. 5th DCA 1999)
- Nat'l Judgment Recovery Agency, Inc. v. Harris, 826 So. 2d 1034 (Fla. 4th DCA 2002)