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FLAIG v. SULLIVAN

No. 2D13-5380.

141 So.3d 1274 (2014)

Gunther FLAIG in a representative capacity on behalf of and in the right of PALMCREST HOMES OF TAMPA BAY, LLC, a Florida limited liability company, Petitioner, v. Chris SULLIVAN; Alexander Sullivan; Adam Schoenbaum; Jill Creager; Providence Family Offices, LLC; Sab Investors, LLC; A & S Properties of Florida, LLC; and CTS Equities, LP, Respondents.

District Court of Appeal of Florida, Second District.

July 18, 2014.

Attorney(s) appearing for the Case

Kurt E. Davis of The Davis Law Firm, Tampa, and Russell A. Wade, III , of Russell A. Wade, III, P.A., Lake Butler, for Petitioner.

Marie Tomassi , Charles M. Harris, Jr. , and Amanda E. Taylor of Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A., St. Petersburg, for Respondents.

NORTHCUTT, Judge.

Gunther Flaig filed a derivative lawsuit on behalf of Palmcrest Homes of Tampa Bay, LLC, against the respondents in this case. Similar claims to those underlying the five counts in the derivative suit were at issue in two other pending lawsuits. The parties in the three lawsuits, although somewhat overlapping, were not identical. After a hearing on a number of motions in this suit, the circuit court stated that "the claims being brought by Mr. Flaig...

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