Corporate Law Lawsuits

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Florida Case Law Related to Corporate Law

REINA v. GINGERALE CORP., 472 So.2d 530 (Fla.App. 3 Dist. 1985)
No. 84-1305.June 25, 1985. Rehearing Denied August 1, 1985.

We affirm the summary judgment under review based upon the application of the traditional corporate law rule which does not impose the liabilities of the selling predecessor upon the buying successor company unless: (1) the successor expressly or impliedly assumes the obligations of the predecessor; (2) the transaction is a de facto merger; (3) the successor is a mere continuation of the predecessor; or (4) the transaction is a fraudulent effort to avoid liabilities of the predecessor. Bernard v. Kee Manufacturing Co., 409 So.2d 1047 (Fla. 1982); Anders v. Jacksonville Electric Authority, 443 So.2d 330 (Fla. 1st DCA 1983), review denied, 451 So.2d 847 (Fla. 1984). See also De La Rosa v. Tropical Sandwiches, Inc., 298 So.2d 471 (Fla. 3d DCA 1974), cert. denied, 312 So.2d 760 (Fla. 1975).[fn1] We find that the complaint fails to allege any factual predicate by which liability could be imposed upon Gingerale Corporation, the successor corporation involved here. See Anders.

Florida Case Law Related to Corporate Law

COMMUNICATION WORKERS v. GAINESVILLE, 697 So.2d 167 (Fla.App. 1 Dist. 1997)

Case No. 96-1878Opinion filed June 17, 1997. Rehearing Denied July 24, 1997.
Communications Workers of America, Local 3170 (CWA), appeals a final order entered by a panel of the Public Employees Relations Commission (PERC) on appeal of a general counsel's order (No. 96GC-074). At issue

Florida Case Law Related to Corporate Law

BERNARD v. KEE MFG. CO., INC., 409 So.2d 1047 (Fla. 1982)
No. 60390.January 28, 1982.

The issue we confront in this case is whether the purchaser of the assets of a manufacturing firm which continues under the same trade name the general product line of the seller can be liable for a defective product manufactured by the seller, even though the traditional corporate law rule would impose no liability. We adhere to the traditional rule.