District Court of Appeal of Florida

In a dispute involving members of a Florida LLC, an order entering partial summary final judgment and directing the immediate disbursement of proceeds from the sale of real property owned by the company is reversed pursuant to a claim that the trial court erred by concluding, as a matter of law at the summary judgment stage of the proceedings below, that the sale of the property created an event of dissolution under a plain reading of the provisions of the company's operating agreement.

Appellate Information

• Decided 12/21/2006
• Published 12/21/2006

Judges

• ALLEN, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Major B. Harding and John R. Beranek of Ausley & McMullen, Tallahassee;  and J. Nixon Daniel, III, Mary Jane Bass, and Terrie L. Didier of Beggs & Lane, RLLP, Pensacola, for Appellants Alan M. O'Neal and A & J Holdings, LLC., Elliott H. Scherker, Elliott B. Kula and Daniel M. Samson of Greenberg Traurig, Tallahassee;  Barry Richard of Greenberg Traurig, Miami;  and Jannea S. Rogers and Bradley R. Byrne of Adams and Reese, LLP, Mobile, AL, for Appellants William H. Smith and South Walton Properties, LLC.


• For Appellees:
  
• Jeffrey P. Whitton, Panama City;  W. Dexter Douglass and Thomas Porter Crapps, Tallahassee;  Philip A. Bates, Pensacola;  and Martha Blackmon-Milligan, Panama City, for Appellees Robert E. Blackerby, Florida Bahama Group, LLC, and Robert Blackerby & Associates, LLC.