LANMAN LITHOTECH, INC. v. GURWITZ

No. 85-1243.

478 So.2d 425 (1985)

LANMAN LITHOTECH, INC., Etc., et al., Petitioners, v. Stanley GURWITZ, et al., Respondents.

District Court of Appeal of Florida, Fifth District.

November 7, 1985.


Attorney(s) appearing for the Case

Harlan Tuck of Giles, Hedrick & Robinson, P.A., Orlando, for petitioners.

Jeffrey Allen Tew and Robert B. Galt III, of Kirkpatrick & Lockhart, Miami, for respondents.


COWART, Judge.

Two main issues are presented in this petition for writ of common law certiorari. The first is whether the right to jury trial exists in a shareholder's derivative action. The second is whether punitive damages are recoverable in such actions.

Three shareholders of Lanman Lithotech, Inc. (Lanman) initiated a derivative action against three officers and directors of Lanman and their third person business organizations. Although Lanman was named...

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