KYMED, LTD.
v.
IN RE: THE MARRIAGE OF MARGUERITE MALEK V. PIERRE MARC MALEK
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A trial court has jurisdiction to determine ownership of a corporation for purposes of partitioning property in dissolution proceedings, and such determination does not constitute an arbitrable dispute between the corporation and the divorcing parties.
[1] In a marital dissolution action, a trial court has jurisdiction to determine the ownership of a corporation solely for the purpose of partitioning the parties' property,…
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Join FLexlaw to unlock all legal intelligence“Identification of Kymed as a party is merely incidental to the court's jurisdiction to determine who owns the corporation.”
Malek v. Malek, 346 So. 3d 179, 182 (Fla. 3d DCA 2022), cited with approval in the instant opinion.
Kymed, Ltd. appealed a circuit court decision in a marital dissolution case involving Pierre Marc Malek and Marguerite Malek regarding the ownership a…
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Opinion filed February 19, 2025. Not final until disposition of timely filed motion for rehearing.
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No. 3D24-0086 Lower Tribunal No. 19-16957
________________
Kymed, Ltd.,
Appellant,
vs.
In Re: The Marriage of Marguerite Malek v.
Pierre Marc Malek, et al., Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Jason Emilios Dimitris, Judge. Martínez-Cid Law, and Jordi C. Martínez-Cid and Whitley Mann; León Cosgrove Jiménez LLP, and Marcos D. Jiménez and Sofia Manzo, for appellant. Crabtree, Auslander & Tackenberg, and Charles M. Auslander, John G. Crabtree, and Brian C. Tackenberg; Paul A. McKenna & Associates, P.A., and Paul A. McKenna, for appellee Marguerite Malek n/k/a Marguerite Michel. Before MILLER, GORDO and BOKOR, JJ. PER CURIAM. Affirmed. See Nat’l Med. Imaging, LLC v. Lyon Fin. Servs., Inc., 347 So. 3d 63, 64 n.2 (Fla. 3d DCA 2020) (holding that subsequent panels of this Court are bound by the holding of prior panels unless overruled en banc or by the Florida Supreme Court); Malek v. Malek, 346 So. 3d 179, 182 (Fla. 3d DCA 2022) (“Identification of Kymed as a party is merely incidental to the court’s jurisdiction to determine who owns the corporation. . . . On de novo review of the record on appeal, we conclude there is no arbitrable issue as between Kymed and Mrs. Malek, Dr. Malek, and Loris. The trial court has jurisdiction over the parties and can determine the ownership of Kymed for purposes of partitioning the parties’ properties in the dissolution proceedings.”); see also Salazar-Abreu v. Walt Disney Parks & Resorts U.S., Inc., 277 So. 3d 629, 631 (Fla. 5th DCA 2018) (explaining that a party must show prejudice resulting from the action sought to be estopped).
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Kymed, Ltd. v. In re The Marriage of Marguerite Malek v. Pierre Marc Malek, 346 So. 3d 179 (Fla. 3d DCA 2025)…ed. Imaging, LLC v. Lyon Fin. Servs., Inc., 347 So. 3d 63, 64 n.2 (Fla. 3d DCA 2020) (holding that subsequent panels of this Court are bound by the holding of prior panels unless overruled en banc or by the Florida Supreme Court); Malek v. Malek, 346 So. 3d 179, 182 (Fla. 3d DCA 2022) (“Identification of Kymed as a party is merely incidental to the court’s jurisdiction to determine who owns the corporation. . . . On de novo review of the record on appeal, we conclude there is no arbitrable issue as bet…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kymed, Ltd. v. In re The Marriage of Marguerite Malek v. Pierre Marc Malek, 346 So. 3d 179 (Fla. 3d DCA 2025)