General

CORPORATE ENTITIES CANNOT BE COMPELLED TO PRODUCE DOCUMENTS THAT DO NOT EXIST

By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC Florida Statute, Sections 607.1602 and 608.4101 allow shareholders and members of corporations and limited liability companies (LLCs) access to certain books and records of such entities. In Omes v. Ultra Enterprises, Inc., 2013 WL 3336867 (Fla. 3rd DCA 2013), an individual who held various positions […]

UNJUST ENRICHMENT – AN EQUITABLE REMEDY

By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC An action for “unjust enrichment” exists to prevent the wrongful retention of a benefit, or the retention of money or property of another, in violation of good conscience and fundamental principles of justice or equity.  The court in Iberiabank v. Coconut 41, LLC, 2013 WL […]