Recede , Black's Law Dictionary (11th ed. 2019). On the other hand, Defendant discusses the more recent decision from the Florida District Court of Appeal for the Second Circuit: Hock v. Triad Guar. Ins. Corp., 292 So. 3d 37 (Fla. 2d Dist. App. 2020). In Hock, the Florida District Court of Appeal for the Second Circuit ruled that under the 2016 FBCA:
As to the final judgment, Morburger contends that the operative complaint should have been dismissed because Yellow Funding was administratively dissolved and was therefore not authorized to pursue the foreclosure action against him under section 607.1405, Fla. Stat. (2019). We reject this argument and reaffirm our alignment with the holding of our sister court in Hock v. Triad Guaranty Ins. Corp., 292 So. 3d 37, 39 (Fla. 2d DCA 2020), that the right to wind up under section 607.1405 "applies equally to corporations that are voluntarily dissolved and to corporations that are administratively dissolved." See New Life Rehab Med. Ctr. v. Mercury Ins. Co. of Fla., No. 3D21-112, 326 So. 3d 1178 (Fla. 3d DCA Aug. 25, 2021) (concluding "we align ourselves with this body of decisional authority and hold that section 607.1622, Florida Statutes, ‘does not preclude a corporation that has been administratively dissolved for failing to file an annual report from prosecuting or defending against an action in order to wind up its business affairs’ ") (quoting Hock, 292 So. 3d at 41 ).
The sole issue presented in this appeal is whether a corporation, administratively dissolved for failing to file an annual report, may maintain suit in conjunction with winding up its affairs. In granting judgment in favor of the insurer, the able trial court, not yet having the benefit of Hock v. Triad Guaranty Insurance Corp., 292 So. 3d 37 (Fla. 2d DCA 2020), found section 607.1622(8), Florida Statutes (2018), precludes such a corporation from actively pursuing litigation.See Himmel v. Avatar Prop. & Cas. Ins. Co., 257 So. 3d 488, 493 n.1 (Fla. 4th DCA 2018) ("We reject [appellee's] argument that affirmance is required pursuant to the tipsy coachman doctrine.
Affirmed. See Morburger v. Yellow Funding Corp., 3D21-318, 3D21-881, 329 So.3d 214, 215-16 (Fla. 3d DCA Oct. 27, 2020 ; New Life Rehab Med. Ctr. v. Mercury Ins. Co. of Fla., No. 3D21-112, 326 So.3d 1178 (Fla. 3d DCA Aug. 25, 2021) ; Hock v. Triad Guaranty Ins. Corp., 292 So. 3d 37, 39 (Fla. 2d DCA 2020).
Affirmed. See Morburger v. Yellow Funding Corp., 3D21-318, 3D21-881, 2021 WL 4978614, *1 (Fla. 3d DCA Oct. 27, 2020); New Life Rehab Med. Ctr. v. Mercury Ins. Co. of Fla., No. 3D21-112, 2021 WL 3745213 (Fla. 3d DCA Aug. 25, 2021); Hock v. Triad Guaranty Ins. Corp., 292 So.3d 37, 39 (Fla. 2d DCA 2020).