HomeMy WebLinkAbout0933 The Court feels the initial actual harm or damaqe to
the Plaintiff was his loss of joint control of the corporation.
That unquestionably occurred, with Plaintiff's knowledge, ~n ~
January 10, 1981. Even if the individual Defendants acted
improperly in amending the by-1aws, at some point they should
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have the right to conduct their affairs without fear of lia-
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bility for past misconduc~ once the limitation period has ~
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expired, Lombardi at 1352.
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However, certain portions of the allegations in the ~
Complaint indicate the Plaintiff could have causes of action
against the Defendants for their most recent actions.
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Therefore, the dismissal of the Complaint wi11 be without '
prejudice in order to allow amendment relative only to the
most recent acts of the Defendants, if the Plaintiff so desires.
Based upon the foregoing, it is thereupon
ORDERED AND ADJUDGED as follows: ~
1. The Complaint filed herein is dismissed, without
prejudice to file an Amended CompZaint stating causes of '
action based upon the most recent acts of the Defendants. The
r~nended Complaint must be filed within twenty (20) days of the
date hereof and the Defendants shall have twenty (20) days there-
after to file responsive pleadings.
DONE AND ORDERED in Fort Pierce, St. Lucie County, ~
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Florida, this ~day of , 1986. ~
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` cot M. Kenne
Circuit Judg =
Copies to: ~
Charles F. Edwards, Esquire
Alan S. Polackwich, Sr., Esquire
~ ~C 31 Pz,31
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