[Copyrighted Material Omitted]
from the Circuit Court for Pinellas County; George M.
D. Blank of Holland & Knight LLP, Tampa, for Appellant.
S. Vesely and Shannon T. Sinai (withdrew after briefing) of
Albertelli Law, Tampa; Brandon S. Vesely of The Florida
Appellate Firm, P.A., St. Petersburg (substituted as counsel
of record), for Appellee Ciro Mancini.
appearance for Appellee QAMM Properties, Inc.
surface, this is a business dispute over the right of a
shareholder to inspect his corporations records; but the
real controversy here is whether Ciro Mancini, an executive
chef, is in fact a shareholder of Villa Bellini Ristorante &
Lounge, Inc. (Villa Bellini). Following an evidentiary
hearing, the circuit court issued its "Final Order
Granting Petitioners Writ of Mandamus and Motion for Summary
Relief" in favor of Mr. Mancini and determined that Mr.
Mancini was indeed a Villa Bellini shareholder and that, as
such, he was entitled to access and review of Villa Bellinis
corporate records. Villa Bellini appeals from that order.
interest of brevity, we will relate several of the circuit
courts factual findings to provide some of the factual
background of this appeal:
On or about January 27, 2014, Ciro Mancini
("Mancini"), an Italian chef working at a
restaurant in Dunedin ... spoke with a man by the name of
Marco Marzocca ("Marzocca") about opening an
Italian restaurant called Villa Bellini Ristorante, LLC....
On or about July 24, 2014, Villa Bellini [Ristorante] and
Lounge, Inc. ("VBRL") was established and
incorporated and Villa Bellini Ristorante, LLC ceased
Amongst other things, Mancini, as general manager and
executive chef of VBRL, was responsible for overseeing the
buildout, the hiring of employees, and the menu to the new
In his position as Executive Chef of VBRL, Mancini was paid a
On or about September 20, 2016, Mancini was terminated as the
Executive Chef of VBRL....
After September 20, 2016, Mancini, through counsel, made
requests for inspection of books and records of VBRL pursuant
to a statutory demand for inspection Chapter § 607.1602,
Florida Statutes (2016 as amended) but said requests were