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BATUR v. SIGNATURE PROPS. OF NORTHWEST FLA.

No. 1D04-1358.

903 So.2d 985 (2005)

Kenneth E. BATUR, Appellant, v. SIGNATURE PROPERTIES OF NORTHWEST FLORIDA, INCORPORATED, a Florida Corporation, William H. Smith, South Walton Properties, LLC, a Florida Limited Liability Company, and Sandpiper Ventures, LLC, a Florida Limited Liability Company, Appellees.

District Court of Appeal of Florida, First District.

May 19, 2005.

Attorney(s) appearing for the Case

David A. Higley, Esquire of Higley & Barfield, P.A., Altamonte Springs, and J. Andrew Talbert, Esquire and Larry A. Matthews, Esquire of Bozeman, Jenkins & Matthews, P.A., Pensacola, for Appellant.

Stephen H. Grimes, Esquire and Susan L. Kelsey, Esquire of Holland & Knight, LLP, Tallahassee, and Charles L. Hoffman, Jr., Esquire of Shell, Fleming, Davis & Menge, Pensacola, for Appellee Signature Properties of Northwest Florida, Inc.

Lawrence Keefe, Esquire of Anchors, Foster, McInnis & Keefe, P.A., Ft. Walton Beach, for Appellee William H. Smith.

Amy A. Perry, Esquire of Pleat and Perry, P.A., Destin, for Appellee South Walton Properties, LLC and Sandpiper Ventures, LLC.

BENTON, J.

Kenneth E. Batur appeals a circuit court order insofar as it dismisses with prejudice, under section 607.07401, Florida Statutes (2002), the derivative claims he filed, as a shareholder of Signature Properties of Northwest Florida, Inc. (Signature), against South Walton Properties, L.L.C. (South Walton) and Sandpiper Ventures, L.L.C. (Sandpiper).1 We have jurisdiction

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