Lawrence Nelson Et Al. v. Irving Miller

This is an appeal by the plaintiff below from an order of the trial court dismissing his third amended complaint with prejudice. The sole question for determination is whether former stockholders of a Florida corporation, which has been dissolved four years previously for nonpayment of corporate stock tax, may maintain a stockholders derivative action to recover lost assets of the corporation. We agree with the trial court that they may not, and accordingly, affirm.