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ATKINS v. TOPP COMM, INC.

No. 4D03-1489.

874 So.2d 626 (2004)

B. Martin ATKINS, in his derivative capacity as a shareholder on behalf of Topp Comm, Inc., a Florida Corporation, Appellant, v. TOPP COMM, INC., Topp Telecom, Inc. n/k/a Tracfone Wireless, Inc., Greenberg Traurig, P.A., David Topp, and Rebecca Orand, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 22, 2004.

Attorney(s) appearing for the Case

J. Ken Johnson and Andres C. Pereira of Fleming & Associates, LLP, Houston, Texas; Mike O'Brien of Mike O'Brien, P.C., Houston, Texas; Donald J. Hayden and Jonas C. Packer of Baker & McKenzie, Miami, and E. Cole Fitzgerald, III and Gregory D. Cook of Fitzgerald, Hawkins, Mayans & Cook, P.A., West Palm Beach, for appellant.

David P. Ackerman and Carla L. Brown Harward of Ackerman, Link & Sartory, P.A., West Palm Beach, for Appellee-Topp Comm, Inc.

L. Louis Mrachek, Alan B. Rose, and Jennilynn E. Lawrence of Page, Mrachek, Fitzgerald & Rose, P.A., West Palm Beach, for Appellees-Greenberg Traurig, P.A. and Rebecca Orand.

Alan D. Lash and Lorelei J. Van Wey of Lash & Goldberg LLP, Miami, for Appellee-David Topp.

STONE, J.

Martin Atkins brought this shareholder's derivative suit on behalf of Topp Comm, Inc. against Appellees, Topp, Greenberg Traurig, and Orand, in addition to others. We affirm an order finding that it was not in Topp Comm's best interest to pursue the claim and dismissing the action as to the three Appellees.

The dismissal is based on the trial court's conclusion that the independent investigator, a retired circuit court judge agreed to by the parties...

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