On June 3, in the case of Yifat Shaolm, et. al. v. Nissim Sabatani, the Hon. Bruce Boyer of the Pinellas County Circuit Court conducted on evidentiary hearing on the Plaintiff’s Emergency Motion For Temporary Injunction Without Notice and to Expel And Dissociate Defendant As a Member of Reflection Fashions, LLC. The Plaintiffs sought wide-ranging relief in their Motion, ultimately attempting to have the court remove the Defendant as a Member of his business and to have the Plaintiffs unilaterally control all operations of the business. This relief was sought by the Plaintiffs under an alleged oral operating agreement as well as under the new Florida Revised Limited Liability Company Act, which permits involuntary judicial dissociation of a member.
Attorney Brick made his initial appearance in the case for the Defendant shortly after the Motion was filed and denied the Plaintiff’s attempt to have the outcome of the hearing determined without an opportunity for the Court to hear argument from the Defendant. (Florida Rule of Civil Procedure 1.610 permits an injunction to be entered against a litigant in certain circumstances without providing notice of the hearing to that litigant or an opportunity for them to be heard by the Court.). Additionally, the court denied the Plaintiff’s request to designate the hearing as emergency in nature. Finally, at the June 3 full evidentiary hearing on the Plaintiff’s Motion, the Court agreed with Attorney Brick and completely denied all relief requested by the Plaintiff. As a result, the Defendant has maintained all of his management and ownership rights in his business during the pendency of the case.
Attorney Brick has also filed a Motion to Dismiss the Plaintiffs’ Complaint in its entirety on behalf of the Defendant due, in part, to a misjoinder of direct and derivative causes of action. A motion hearing on the matter is forthcoming.