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KARTEN v. WOLTIN

No. 4D08-4057.

23 So.3d 839 (2009)

Alan I. KARTEN, Trustee of that certain trust created under a trust document, dated 1985, a/k/a Alan I. Karten, a plan for self-employed individuals, Appellant, v. Robert I. WOLTIN and Carl Karmin, Appellees.

District Court of Appeal of Florida, Fourth District.

December 9, 2009.

Attorney(s) appearing for the Case

Norman Malinski of the Law Offices of Norman Malinski, P.A., Aventura, for appellant.

James K. Pedley, Fort Lauderdale, for appellees.

LEVINE, J.

This appeal presents the question of whether a minority shareholder could pursue as a direct action a claim for breach of fiduciary duty against the majority shareholders of a closely held corporation or whether, as the trial court concluded, he was required to file a derivative action. We find that, based on the facts in this case, the appellant was required to utilize a shareholder's derivative action to pursue...

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