Legal Opinion · Dissent

Olmstead v. Federal Trade Commission

Supreme Court of Florida

Decided June 24, 2010No. SC08-1009Published

1DissentLewis, J.

I cannot join my colleagues in the judicial rewriting of Florida’s LLC Act. Make no mistake, the majority today steps across the line of statutory interpretation and reaches far into the realm of rewriting this legislative act. The academic community has clearly recognized that to reach the result of today’s majority requires a judicial rewriting of this legislative act. See, e.g., Carter G. Bishop & Daniel S. Kleinberger, Limited Liability Companies: Tax and Business Law, ¶ 1.04[3][d] (2008) (discussing fact that statutes which do not contemplate issues with judgment creditors of…

2Cases cited17 opinions

  1. Dobbs v. Sea Isle HotelSupreme Court of Florida · 1952
  2. Forsythe v. Longboat Key Beach ErosionSupreme Court of Florida · 1992
  3. Borden v. East-European Ins. Co.Supreme Court of Florida · 2006
  4. Daniels v. Florida Dept. of HealthSupreme Court of Florida · 2005
  5. Heart of Adoptions, Inc. v. JASupreme Court of Florida · 2007

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