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3rd DCADecember 19, 2018Appeal Dismissed🔬 Novel Issue

The Local Door Coupons Franchise, Inc. v. Mayers

Case No. 18-2145

A shareholder obtained a non-final order requiring the corporation to advance his litigation fees and costs under section 607.0850 and the shareholder agreement's indemnification clause, but the order fixed no dollar amount. The Third District dismissed the corporation's appeal, holding that an order granting entitlement to advancement without setting an amount does not 'determine the right to immediate possession of property' under rule 9.130(a)(3)(C)(ii).

Key facts

  • Shareholder of a corporation sought a court order requiring the corporation to advance his litigation fees and costs under Florida statute and a shareholder agreement's indemnification clause.
  • The trial court issued a non-final order granting the shareholder entitlement to advancement but did not fix a specific dollar amount.
  • +2 more key facts with a free trial

Why it matters

This decision draws a clean, citable line for corporate and commercial litigators handling advancement/indemnification fights: a denial of advancement is immediately appealable under rule 9.130(a)(3)(C)(ii), but a grant… — full analysis with a trial

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