C.A.T. LLC. v. Island Developers, Ltd.

Notwithstanding Judge Fletcher’s comprehensive analysis of the issues in this case, I adhere to this court’s decision in Wolf Sanitary Wiping Cloth, Inc. v. Wolf, 526 So.2d 702 (Fla. 3d DCA 1988). The holding of that case was not mere dicta, as characterized by the court today, but was, in my view, a correct statement of the law. A stockholder’s derivative suit cannot be brought through a declaratory action, as Chapter 86, Florida Statutes, was not intended to encompass such an action. Id. at 704.

A derivative action is one in which a shareholder “seeks to sustain in his own name a right of…