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MILTON MARONEK, ON BEHALF OF ATLANTIS OPERATING CO., INC., APPELLANT, v. ATLANTIS HOTEL, INC., A FLORIDA CORPORATION, HOTEL ATLANTIS, INC., A FLORIDA CORPORATION, ATLANTIS OPERATING CO., INC., A FLORIDA CORPORATION, NORMAN J. STEINBERG, CLAIRE LESHNICK, MAX LESHNICK AND IRVING PODOLNICK, APPELLEES.

PER CURIAM.

The plaintiff in the trial court appeals a final decree for defendant after trial. The only rights which the appellant attempts to assert are those of the Atlantis Operating Co., Inc., in which he is a minority stockholder. In a suit of this nature, one essential allegation of the complaint must be the act whereby the corporation was caused to suffer damage. Talcott v. McDowell, Fla.App. 1962, 148 So.2d 36. The chancellor correctly concluded that no such damage was proved.

Affirmed.

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MARONEK v. ATLANTIS HOTEL, INC
(Feb 8, 1963)