Frank Ross v. F. E. Stanley

TUTTLE, Chief Judge:

This is an appeal from an order of the district court dismissing this shareholder’s derivative action which the trial court considered to have alleged two separate claims, one for damages and the other for unjust enrichment. The court dismissed the former claim on the ground that it was barred by the Florida three-year statute of -limitations1 and it dismissed the latter claim on the ground that it was prematurely in court. Whether or not this conceptual bisection of the complaint is too finical a refinement, it can avail the appellant nothing. Regardless of the number of…