Opinion
No. 92-629.
May 19, 1992.
An Appeal from the Circuit Court of Dade County; James C. Henderson, Judge.
Hall, O'Brien and Sack and Andrew C. Hall and Richard F. O'Brien, Miami, for appellants.
Greer, Homer Bonner, and Bruce W. Greer, Miami, for appellees Matzner Ziskind Kosnitzky Jaffee, P.A., and Arnold M. Jaffee.
Wallace, Engles, Pertnoy, Solowsky and Allen and Jay H. Solowsky, Miami, for appellee Paul L. Cejas.
Zack Hanzman Ponce Tucker and Stephen Zack and Bertha Claire Lee, Miami, for appellee CareFlorida Health Systems, Inc.
Stuzin Camner and Laurie Bolch and Mark E. Pollack, Miami, for appellee Medisys Management Corp.
Before SCHWARTZ, C.J., and NESBITT and LEVY, JJ.
The appellants, who were the plaintiffs below, appeal the trial court's dismissal, with prejudice, of the Second Amended Complaint in a derivative suit filed by stockholders of two corporations.
Finding that the Second Amended Complaint sets forth a prima facia cause of action, and noting that the record is devoid of any basis justifying a dismissal of that Complaint, we reverse the trial court's order of dismissal and remand for further proceedings.
Reversed and remanded.