Wendt v. La Costa Beach Resort Condominium Ass'n, 64 So. 3d 1228

Directors of La Costa Beach Club Resort Condominium Ass’n sued for breach of fiduciary duty in July 2003.
Directors then sought indemnification from La Costa under Fla. Stat. § 607.0850 for defense costs in the corporation’s suit.
Fourth District affirmed dismissal, holding indemnity not available when the corporation sues its own directors.
Court certified conflict with First District’s Turkey Creek decision holding indemnification is available when the corporation sues its own agent.
Statutory text of § 607.0850 authorizes indemnification for persons involved in proceedings for the corporation’s benefit, with various limitations.
Opinion holds § 607.0850 permits indemnification in suits brought by the corporation against directors, approving Turkey Creek.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether §607.0850 authorizes indemnification when the corporation sues its directors	Wendt argues statute permits such indemnification	La Costa contends no indemnity when sued by corporation	Yes; statute authorizes indemnification in corporate-vs-director suits

O’Brien v. Precision Response Corp., 942 So.2d 1030 (Fla. 4th DCA 2006) (indemnification of corporate officer against corporation’s claims)
Turkey Creek Master Owners Ass’n v. Hope, 766 So.2d 1245 (Fla. 1st DCA 2000) (indemnification where corporation has sued its own agent)
Houdaille Indus., Inc. v. Edwards, 374 So.2d 490 (Fla. 1979) (indemnity requires fault resting on the other party)
Nat’l Portland Cement Co. v. Goudie, 718 So.2d 274 (Fla. 2d DCA 1998) (indemnification awarded to corporate officer in related suit)
Myakka Valley Ranches Improvement Ass’n v. Bieschke, 610 So.2d 3 (Fla. 2d DCA 1992) (predecessor to §607.0850; fees awarded for internal review)
Alternative Dev., Inc. v. St. Lucie Club & Apartment Homes Condo. Ass’n, 608 So.2d 822 (Fla. 4th DCA 1992) (indemnification standards when officers prevail)