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RODRIGUEZ v. GONZAGA

No. 79-6/T4-349.

387 So.2d 1054 (1980)

Jeanne D. RODRIGUEZ et al., Appellants, v. Carlos Luna GONZAGA, Etc., Appellee.

District Court of Appeal of Florida, Fifth District.

September 17, 1980.

Attorney(s) appearing for the Case

Ralph V. Hadley, III of Henson, Hadley & Gnass, P.A., Winter Garden, for appellants.

Frank R.S. Fabre of Shutts & Bowen, Miami, for appellee.

SHARP, Judge.

Rodriquez appeals from a final judgment dismissing her law suit for lack of capacity or standing to sue on behalf of the corporate plaintiff. When Rodriguez filed a complaint on behalf of D'Agostino's Villa Nova, Inc., the appellee, Gonzaga, filed a motion in limine contending Rodriguez had no standing to represent the corporate plaintiff. The trial judge ordered Rodriguez to prove her capacity to represent the corporation. Rodriguez relied upon the...

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