Equitable Accounting

120 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Charles Sales Corp. v. Rovenger
  88 So. 2d 551· Fla.· 1956-06-15 ·cited 109×
  Charles Sales Corporation sought to quash interrogatories in an equity suit for accounting, arguing they were premature and irrelevant. The Florida Supreme Court held that discovery regarding the detailed accounting must be deferred until the preliminary issue of the plaintiff's
• The Commercial Bank of Ocala v. The First Nat'l Bank of Gainesville
  80 Fla. 685· Fla.· 1920-11-22 ·cited 109×
  The court affirmed a lower court's decree against the Commercial Bank of Ocala, holding it liable for payments it received on a note before transferring it, but failed to credit. This was not considered a deficiency decree against an endorser, but rather an equitable accounting f
• Royal Indem. Co. v. Knott
  136 So. 474· Fla.· 1931-07-23 ·cited 86×
  The Florida Supreme Court held that a surety on an indemnity bond may be made a proper party to an equity suit for accounting against a bond trustee, but only for purposes of determining the extent of the surety's liability—not for obtaining a judgment against the surety itself.
• Thomson v. Kyle
  39 Fla. 582· Fla.· 1897-06-01 ·cited 60×
  This case concerns whether a mortgage executed in Alabama by a married woman to secure her husband's debt is enforceable in Florida where the mortgaged real estate is located. The court held that the validity of the mortgage is determined by Florida law (the situs state), not Ala
• The Chedd-Angier Prod. Co., Inc. v. Omni Publ'ns Int'l, Ltd.
  756 F.2d 930· 1st Cir.· 1985-03-15 ·cited 48×
  The court affirmed the jury's verdict and the denial of motions for judgment notwithstanding the verdict or a new trial, finding sufficient evidence supported the jury's findings of an oral contract and breach, and that the district court did not err in its rulings or jury instru
• Roth v. Cohen
  941 So. 2d 496· Fla. 3d DCA· 2006-11-08 ·cited 47×
  Peter and Marilyn Roth appealed a trial court order compelling arbitration of their counterclaim against Alan Cohen. The Third District Court of Appeal reversed, holding that Cohen waived his right to compel arbitration by filing defamation claims in circuit court, even though th
• First Commodity Traders, Inc. v. Heinold Commodities, Inc.
  766 F.2d 1007· 7th Cir.· 1985-06-21 ·cited 46×
  The court held that the district court properly granted summary judgment on most claims and awarded attorneys' fees proportionally based on each party's success.
• In re U. S. Fin. Sec. Litig. Michael Fabrikant & Milton Binswanger v. Bache & Co.
  609 F.2d 411· 9th Cir.· 1979-12-10 ·cited 41×
  The Seventh Amendment does not recognize a "complexity exception" to the right to a jury trial in civil cases; the right is preserved regardless of the case's complexity.
• Craft v. Craft
  74 Fla. 262· Fla.· 1917-11-02 ·cited 41×
  Heirs of Charles D. Craft sued Isaac S. Craft to recover proceeds from the sale of inherited real property that they had conveyed to him as their agent to facilitate sales. The Florida Supreme Court reversed the trial court's dismissal of the bill of complaint, holding that the c
• The Travelers Indem. Co. of Conn. v. Richard McKenzie & Sons, Inc.
  10 F.4th 1255· 11th Cir.· 2021-08-26 ·cited 40×
  The Eleventh Circuit held that Travelers had no duty to defend McKenzie because the alleged property damage fell within a policy exclusion, and therefore the settlement agreement was unenforceable.
• F. A. Chastain Constr., Inc. v. Pratt
  146 So. 2d 910· Fla. 3d DCA· 1962-11-27 ·cited 39×
  The court held that the chancellor erred in failing to grant an equitable accounting because the decree did not comprehensively view the transactions, overemphasized the mortgage, and failed to ensure full consideration for the appellants.
• KEE v. Nat'l Reserve Life Ins. Co.
  918 F.2d 1538· 11th Cir.· 1990-12-14 ·cited 38×
  The court held that plaintiffs' claims for accounting, conversion, and conspiracy failed as a matter of law, and defendant's tort counterclaims also failed due to lack of distinct damages.
• Kirschner v. W. Co.
  300 F.2d 133· 3d Cir.· 1962-02-23 ·cited 36×
  The court held that an order granting a stay pending arbitration in an action that sounds in equity is not appealable as a final decision under 28 U.S.C. § 1291, nor is it appealable under § 1292(a)(1) as an interlocutory injunction in an action at law.
• Maxwell v. The Jacksonville Loan & Improvement Co.
  45 Fla. 425· Fla.· 1903-01-01 ·cited 36×
  The Jacksonville Loan and Improvement Company sought to enforce a loan transaction secured by real property against the Maxwells, who challenged the transaction as usurious. The Florida Supreme Court held that the contract's terms—including a 10% deduction, contingent penalties,
• Sewell v. Sewell Props., Inc.
  159 Fla. 570· Fla.· 1947-06-27 ·cited 35×
  Dora Sewell appealed the dismissal of her bill of complaint seeking to recover trust property held by her uncle E. G. Sewell as executor and trustee of her father Herbert Sewell's estate. The Florida Supreme Court reversed, holding that the allegations sufficiently stated grounds
• Mabry v. Knabb
  151 Fla. 432· Fla.· 1942-06-05 ·cited 34×
  A collusive settlement between a trustee and tenant to deprive the trustee's attorneys of compensation for services is a fraud upon the attorneys, who may pursue the trustee's claims through continued prosecution of the suit; further, a tenant cannot claim a lien for tax payments
• The City OF Miami v. Carter
  105 So. 2d 5· Fla.· 1958-07-23 ·cited 33×
  The City of Miami was required to hold tax proceeds derived from a one percent tax on fire and tornado insurance premiums exclusively for firemen and their dependents in a separate fund, not to commingle these funds with its general retirement system. The court affirmed that the
• White v. George
  5 Fla. 478· Fla.· 1854-03-01 ·cited 31×
  In this partnership dissolution case, the Florida Supreme Court upheld a lower court decree requiring the defendant-appellee to pay the plaintiff-appellant additional funds beyond the amount received in their 1843 settlement of the partnership interest, but reversed on the plaint
• Acoustic Innovations, Inc. v. Carey Schafer
  976 So. 2d 1139· Fla. 4th DCA· 2008-02-20 ·cited 30×
  Acoustic Innovations, Inc. and Jay Miller appeal a trial court judgment finding that Carey Schafer was a 50% equitable owner of the company and awarding him substantial damages totaling $4,475,537.50. The appellate court affirms, rejecting arguments that the statute of frauds, st
• Eye Care Int'l, Inc. v. Underhill
  92 F. Supp. 2d 1310· M.D. Fla.· 2000-03-31 ·cited 30×
  The court held that a breach of contract claim was sufficiently pleaded and an accounting claim was supported by an alleged fiduciary relationship, but fraud claims were barred by the economic loss rule as they were not independent of the contract.
• Point E. Mgmt. Corp. v. Point E. ONE Condo. Corp., Inc.
  282 So. 2d 628· Fla.· 1973-07-31 ·cited 30×
  The Florida Supreme Court reviewed a decision concerning a condominium management contract. The court held that a long-term management contract, even if entered into by developers with themselves, is not inherently void under the Condominium Act, especially when later legislation
• Commercial Nat. Bank in Shreveport v. Parsons
  144 F.2d 231· 5th Cir.· 1944-07-27 ·cited 29×
  The court held that a bank acting as a pledgee and liquidator cannot profit from the trust estate beyond agreed-upon fees and interest, and that certain interest charges on assets constituted usury and were improperly deducted.
• AMF Tuboscope, Inc. v. Cunningham
  352 F.2d 150· 10th Cir.· 1965-10-06 ·cited 26×
  The court held that plaintiffs were entitled to a jury trial on the issues of patent validity, infringement, and damages, and that the trial court abused its discretion in denying this right.
• Fountainview Ass'n, Inc. v. Bell
  214 So. 2d 609· Fla.· 1968-06-26 ·cited 22×
  The dissenting opinion holds that the complaint sufficiently alleges a cause of action for breach of fiduciary duty and self-dealing by corporate officers and directors in a condominium project. The court should quash the decision of the District Court of Appeal, Third District,
• In re Leasing Consultants Inc. v. George Feldman in Bankr. of Leasing Consultants Inc.
  592 F.2d 103· 2d Cir.· 1979-01-25 ·cited 21×
  The court held that the trustee in bankruptcy was authorized to recover illegal payments made by the bankrupt corporation, and that the doctrine of in pari delicto did not bar such recovery on behalf of creditors.
• Perdue Farms Inc. v. Hook
  777 So. 2d 1047· Fla. 2d DCA· 2001-01-05 ·cited 19×
  Perdue Farms appeals from a judgment awarding Dennis Hook and H & N Foods over $48 million in damages for misappropriation of Hook's trade secret chicken cooking process under the Florida Uniform Trade Secrets Act. The appellate court affirmed the actual damages award but reverse
• Barnard Prescott v. Kreher
  123 So. 2d 721· Fla. 2d DCA· 1960-09-30 ·cited 19×
  Members of an earnings pool formed by securities brokers sued to compel an accounting after discovering that Karl Kreher, their fellow pool member, had secretly purchased valuable warrant options using opportunities gained through his fiduciary position representing the pool in t
• Chicago Tr. Co. v. Knabb
  142 Fla. 767· Fla.· 1940-05-21 ·cited 17×
  Knabb, a lessee operating a naval stores/timber business, purchased tax certificates to prevent foreclosure of lands he leased from Chicago Trust Company (held in trust). The lessor failed to pay taxes as required under the lease. The Florida Supreme Court reversed the lower cour
• Budd Laurence v. Soler
  706 So. 2d 896· Fla. 3d DCA· 1998-02-11 ·cited 16×
  The court granted certiorari and quashed the trial court's order denying a motion to dismiss or stay legal actions in a partnership dispute, holding that actions at law between partners regarding partnership transactions must be abated pending completion of an equitable accountin
• Local NO. 92, Int'l Ass'n OF Bridge, Structural & Ornamental Iron Workers, AFL-CIO v. Norris
  383 F.2d 735· 5th Cir.· 1967-10-02 ·cited 16×
  The court held that a union local is liable for attorney fees under LMRDA § 501(b) regardless of whether the judgment against officials is satisfied, and that the denial of a jury trial was proper as the action sought equitable relief.
• Gladman v. Hallam
  104 So. 2d 46· Fla. 2d DCA· 1958-06-18 ·cited 16×
  Miriam Gladman appealed an interlocutory order requiring her to respond to over 1,100 interrogatories in her brother's lawsuit seeking to cancel conveyances from their mother's estate and establish a constructive trust. The appellate court reversed, holding that the interrogatori
• RBC I, Inc. v. Ajar I, Inc.
  519 So. 2d 743· Fla. 3d DCA· 1988-02-09 ·cited 15×
  RBC I, Inc. appeals an order denying its motion to transfer venue or abate a partnership dissolution action filed in Dade County Circuit Court. The appellate court affirms, holding that Dade County is the proper venue because it was designated as the joint venture's principal pla
• Roberts v. Sears
  617 F.2d 460· 7th Cir.· 1980-03-12 ·cited 14×
  The court held that the plaintiff's election of a legal remedy for past damages barred further equitable relief for the same period, but did not preclude the return of patent rights for future benefits.
• The Navajo Tribe v. The United States
  586 F.2d 192· Ct. Cl.· 1978-10-18 ·cited 14×
  The court held that a wrongful invasion of an Indian account before August 13, 1946, entitles the claimant to an equitable accounting for subsequent management and wrongs, but a bad precedent before that date does not accrue a claim for subsequent wrongs.
• Bradshaw v. Vic Thompson
  454 F.2d 75· 6th Cir.· 1972-01-20 ·cited 13×
  The court held that the plaintiff's claims were primarily legal, entitling the defendants to a jury trial, and that the trial court did not err in its rulings regarding the appointment of a master, the sale of a horse, or the award of costs.
• Pac. Royalty Co. v. Williams
  227 F.2d 49· 10th Cir.· 1955-06-21 ·cited 13×
  The court held that the Williams heirs' fraud claim failed because the misrepresentation about the grantee's identity was not material to the conveyance, and the deed was effectively delivered and accepted. The Bates heirs' claims were barred by laches and a prior adverse judgmen
• Reynolds Am., Inc. v. Gero
  56 So. 3d 117· Fla. 3d DCA· 2011-03-09 ·cited 12×
  Reynolds American, Inc. and R.J. Reynolds Global Products, Inc. appealed orders denying their motions to dismiss for lack of personal jurisdiction in a misappropriation suit filed by Gabriel Gero in Florida. The court reversed, holding that insufficient jurisdictional facts exist
• Fla. Software Sys., Inc. v. Columbia/HCA Healthcare Corp.
  46 F. Supp. 2d 1276· M.D. Fla.· 1999-04-19 ·cited 12×
  The court denied motions to dismiss most counts, finding the pleadings sufficient to withstand a motion to dismiss, but granted the motion to dismiss the claim for accounting.
• Weil v. Markowitz
  829 F.2d 166· D.C. Cir.· 1987-09-22 ·cited 12×
  The court held that the district court abused its discretion in dismissing defendant Strahan and that the issue of Rule 11 sanctions and nunc pro tunc entry of the settlement order required further clarification and consideration by the district court.
• Zell v. Jacoby-Bender, Inc.
  542 F.2d 34· 7th Cir.· 1976-09-01 ·cited 12×
  A district court's order granting a stay of proceedings pending arbitration in a breach of contract action is appealable as an interlocutory order granting an injunction under 28 U.S.C. § 1292(a)(1).
• Whittle v. Ellis
  122 So. 2d 237· Fla. 2d DCA· 1960-07-20 ·cited 12×
  Ellis sought an accounting from his former law practice associate Whittle, who moved for summary judgment. The court denied the motion, finding a fiduciary relationship existed between the two attorneys and that Ellis was entitled to an accounting. On appeal, Whittle challenges b
• Cont'l Cas. Co. v. First Fin. Emp. Leasing, Inc.
  716 F. Supp. 2d 1176· M.D. Fla.· 2010-06-03 ·cited 11×
  The court held that the defendant's claims regarding the FCCPAP credit were barred for failure to exhaust administrative remedies under Florida law.
• Laboratorios Roldan v. Tex Int'l, Inc.
  902 F. Supp. 1555· S.D. Fla.· 1995-09-19 ·cited 11×
  The court held that the plaintiff is entitled to a preliminary injunction because it has shown a substantial likelihood of prevailing on its Lanham Act claim due to the defendants' confusingly similar trade dress and trademark use.
• Bernardele v. Bonorino
  608 F. Supp. 2d 1313· S.D. Fla.· 2009-03-30 ·cited 10×
  The court granted motions to dismiss for lack of personal jurisdiction over defendants Bonorino, McPartlin, and MG, but permitted jurisdictional discovery regarding LSFL due to disputed facts.
• Boyd v. Walker
  251 So. 2d 332· Fla. 3d DCA· 1971-06-22 ·cited 10×
  In this partnership dispute, a former law partner sued for an accounting of partnership profits after being excluded from the firm. The trial court dismissed the complaint, but the appellate court reversed, holding that the complaint stated a sufficient cause of action for an acc
• Apt. Inv. & Mgmt. Co. v. Flamingo/South Beach 1 Condo. Ass'n, Inc.
  84 So. 3d 1090· Fla. 3d DCA· 2012-03-14 ·cited 9×
  AIMCO appealed a trial court's denial of their motion to compel arbitration of claims by the Flamingo/South Beach 1 Condominium Association regarding alleged improper parking fee charges. The Florida appellate court affirmed the denial, holding that the Association's claims seek
• Diaz-Verson v. Walbridge Aldinger Co.
  54 So. 3d 1007· Fla. 2d DCA· 2010-12-29 ·cited 9×
  Diaz-Verson sought a protective order to prevent discovery of his personal financial information through subpoenas issued by Walbridge in a construction fraud case. The court held that personal financial information is discoverable only if relevant to the issues framed by the ple
• Frisch's Rests., Inc. v. Elby's BIG BOY OF Steubenville
  849 F.2d 1012· 6th Cir.· 1988-06-22 ·cited 9×
  The court held that the district court did not err in denying an equitable accounting, liquidated damages, attorneys' fees, or monetary relief, affirming the judgment for the defendants.
• AJH Prop. Invs. Ltd. v. Suntrust Bank
  89 So. 3d 948· Fla. 3d DCA· 2012-04-11 ·cited 8×
  Appellants purchased condominium units in a development and deposited 20% of the purchase price with SunTrust Bank as escrow agent. When the developer went bankrupt and the project was cancelled, SunTrust had disbursed funds in excess of the required 10% to the developer. The app
• Levenger Co. v. Feldman
  516 F. Supp. 2d 1272· S.D. Fla.· 2007-09-21 ·cited 8×
  Levenger Company sought declarations of patent invalidity and unenforceability against patents held by Jack and Shirley Feldman relating to disk-bound notebooks, and claimed trade dress infringement and misappropriation of trade secrets. The Feldmans counterclaimed for patent inf