Winner v. Cataldo

This appeal seeks review of an award of attorney’s fees on behalf of a party named in a derivative action, purportedly pursuant to the provisions of Section 607.147(4), Florida Statutes (1985). We have previously found that there was merit in the derivative suit. Ginsberg v. Keehn, 550 So.2d 1145 (Fla. 3d DCA 1989)

Cataldo was one of several defendants in the derivative action but was dismissed out before final judgment. The trial court awarded fees to Cataldo on the theory that there was no reasonable basis to sue him. (Parenthetically, Winner was represented by counsel at the trial level who…