Legal Opinion

Perdomo v. Cabrera

District Court of Appeal of Florida

Decided May 23, 2007No. 3D07-359Published

1Opinion of the CourtCope, C.J.

Edna Marisela Perdomo appeals an order dissolving her lis pendens. The condominium which is the subject of the litigation is owned by Pelotera, Inc., a corporation which holds title to the real estate. The appellant maintains that she is entitled to partition under the rule of Kay v. Key West Development Co., 72 So.2d 786 (Fla.1954), but her reliance on that case is misplaced because she is not a shareholder of Pelotera, Inc. The rule announced in Kay does not extend to corporate officers or directors, but is confined to shareholders.

The appellant also argues that the trial court was not…

2Cases cited2 opinions

  1. Kay v. Key West Development Co.Supreme Court of Florida · 1954
  2. Laroche v. NehamaDistrict Court of Appeal of Florida · 2007

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