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593 So. 2d 596

Karakadze v. Quinoa

District Court of Appeal of Florida

Decided February 11, 1992

District Court of Appeal of Florida · decided 1992-02-11

Relies on 81 So. 2d 734 - Trueman Fertilizer Co. v. Allison · Southern Life Insurance & Trust Co. v. Lanier · Kyle v. Stewart

Decided 1992-02-11

PER CURIAM.

¶1Directly contrary to the ruling below, the officers and directors of a dissolved corporation are not ipso facto liable for an obligation of the corporation incurred prior to its dissolution. Compare § 607.271(5), Fla. Stat. (1989) (repealed 1990; current version at § 607.1430, Fla.Stat. (1991)); § 607.397, Fla.Stat. (1989) (repealed 1990; current version at § 607.0204, Fla.Stat. (1991)); Anderson v. Hillsborough Sheet Metal, Inc., 513 So.2d 1359 (Fla. 2d DCA 1987) (personal liability imposed for debt incurred after dissolution of corporation). The summary judgment upon review, which was based upon the opposite determination, is therefore reversed, and the cause is remanded with directions appropriately to consider the claim that the individual appellants are liable as distributees, or for violation of their duties as trustees of the assets of the dissolved corporation. See § 607.-301, Fla.Stat. (1989) (repealed 1990); Kyle v. Stewart, 360 F.2d 753 (5th Cir.1966); Gould v. Brick, 358 F.2d 437 (5th Cir.1966); Trueman Fertilizer Co. v. Allison, 81 So.2d 734 (Fla.1955); Southern Life Ins. & Trust Co. v. Lanier, 5 Fla. 110 (1853).

¶2Reversed and remanded with directions.

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