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MURPHY v. O'MALLEY

No. 87-2695.

531 So.2d 203 (1988)

Florence MURPHY, Appellant, v. James B. O'MALLEY, Individually and As an Officer and Director of Tel-Tech Devices, Inc., a Florida Corporation, Willard Dover, P.A., a Florida Professional Services Corporation, and Willard Dover, Esquire, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 11, 1988.

Attorney(s) appearing for the Case

Karen Coolman Amlong of Amlong and Amlong, Fort Lauderdale, for appellant.

John P. Kelly and Dominic C. McKenzie of Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellees-Dover.

PER CURIAM.

We reverse the trial court's order of dismissal with prejudice because we believe the appellant's complaint contained sufficient allegations to excuse her failure to request the corporation's directors to proceed against appellee Dover. See Belcher v. Schilling, 309 So.2d 32, 35 (Fla. 3d DCA 1975); Orlando Orange Groves Co. v. Hale, 119 Fla. 159, 161 So. 284, 288 (1935); and Greenspun v. Del. E. Webb...

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