JUDICIAL DECISIONS Section is procedural only

— O.C.G.A. § 14-2-742 has nothing to do with the merits of the shareholder’s claim but only with a procedural prerequisite for asserting such a claim. McGregor v. Stachel, 200 Ga. App. 324, 408 S.E.2d 118 (1991). Response to demand. — Comment 4 of O.C.G.A. § 14-2-742 does not prohibit the commencement of a shareholder’s derivative action once the corporation files suit, without regard to the type of action filed and without reference to whom is being sued. McKoon v. Jones, 214 Ga. App. 40, 447 S.E.2d 50 (1994). A shareholder’s right to pursue a derivative action against officers and directors of a corporation was not terminated when, in response to the shareholder’s demand that action be taken against the officers and directors, the corporation filed suit against its surety to recover on a fidelity bond. McKoon v. Jones, 214 Ga. App. 40, 447 S.E.2d 50 (1994). Waiver of waiting period. — Trial court acted within its discretion in waiving the 90-day waiting period because the corporate president’s sale of property was imminent. Ebon Found., Inc. v. Oatman, 269 Ga. 340, 498 S.E.2d 728 (1998). No abuse of discretion by dismissal. — Trial court did not abuse the court’s discretion in dismissing a shareholder’s derivative action suit because the challenging shareholder failed to provide evidence to refute the evidence of the board and executives that the demand review committee members were independent. Benfield v. Wells, 324 Ga. App. 85, 749 S.E.2d 384 (2013).