Equitable Accounting

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

• Langford v. Paravant, Inc.
  912 So. 2d 359· Fla. 5th DCA· 2005-10-07 ·cited 8×
  William Langford, a retired Army Colonel recruited by Paravant to help secure a military subcontract, was fired shortly after Paravant won a $300 million TRW subcontract and denied promised sales commissions. The court reversed summary judgment on the breach of contract claim, fi
• Paoli v. Natherson
  732 So. 2d 486· Fla. 2d DCA· 1999-05-26 ·cited 8×
  Paoli withdrew from a partnership and sued for the book value of his interest under the partnership agreement. The jury awarded him $14,559, but the trial court then conducted an accounting and found Paoli owed the partnership $181,556 based on a capital account deficit. The appe
• Tights, Inc. v. The Honorable Edwin M. Stanley
  441 F.2d 336· 4th Cir.· 1971-04-12 ·cited 8×
  The court held that the Seventh Amendment preserves the right to a jury trial for patent validity and infringement issues when joined with a claim for monetary damages.
• City of Winter Haven v. Summerlin
  114 Fla. 727· Fla.· 1934-05-10 ·cited 8×
  The Florida Supreme Court affirmed the denial of a motion to dismiss in an equity suit brought by a bondholder against the City of Winter Haven and its officials to compel an accounting of municipal certificates of indebtedness that had been pledged as security for bonds. The cou
• Flexfunds Holdings, LLC v. Rivero
  341 So. 3d 478· Fla. 3d DCA· 2022-06-29 ·cited 7×
  A lawyer representing both a company and its majority shareholder must obtain consent from a minority shareholder before representing the company in derivative litigation where the minority shareholder alleges wrongdoing by the majority shareholder, as the interests are directly
• Managed Care Solutions, Inc. v. Essent Healthcare, Inc.
  694 F. Supp. 2d 1275· S.D. Fla.· 2010-01-25 ·cited 7×
  A claim for equitable accounting will be dismissed if the plaintiff has an adequate remedy at law, and the accounts are not so complex as to be beyond a jury's comprehension.
• Chiron v. Isram Wholesale Tours & Travel Ltd.
  519 So. 2d 1102· Fla. 3d DCA· 1988-02-09 ·cited 7×
  Chiron appealed the dismissal of her breach of contract and fraud claims against a travel company, while the trial court properly dismissed her equitable accounting claim. The Third District Court of Appeal reversed the dismissals of the contract and fraud counts, finding them le
• Pfeiffer v. Knapp
  17 Fla. 144· Fla.· 1879-01-01 ·cited 7×
  A ward sued his former guardian and the guardian's sureties on a guardianship bond after reaching majority, seeking an accounting and recovery of funds the guardian received from the executor of the ward's father's estate. The court affirmed a decree against the guardian and sure
• Marlin Yacht MFG., Inc. v. Nichols
  254 So. 3d 1022· Fla. 4th DCA· 2018-09-12 ·cited 6×
  # Legal Brief The District Court of Appeal of Florida reversed the trial court's award of $170,000 in money damages for breach of a settlement agreement, holding that the trial court erred by awarding damages on the settlement agreement without first incorporating the settlement
• Urfirer v. Cornfeld
  408 F.3d 710· 11th Cir.· 2005-05-05 ·cited 6×
  Michael Urfirer sought damages from his ex-wife's father and brother, Robert and Jeffrey Cornfeld, alleging they fraudulently induced him to sign a waiver of claims to family property in his divorce settlement agreement. The district court granted summary judgment for the Cornfel
• Martell & Sons, Inc. v. The Honorable Milton A. Friedman
  461 So. 2d 1023· Fla. 3d DCA· 1985-01-02 ·cited 6×
  Martell & Sons sought to overturn a trial court order striking its jury trial demand in a breach of construction contracts case. The court held that complexity and accounting issues alone do not justify denying a constitutional right to jury trial when the complaint alleges fixed
• Irvine v. Epstein
  45 Fla. 370· Fla.· 1903-01-01 ·cited 6×
  The court reviewed a case where a debtor assigned notes to creditors as collateral. The creditors then entrusted the debtor to collect these notes. The debtor failed to remit the full collected amount, prompting a suit for accounting. The appellate court modified the lower court'
• Vicken Bedoyan v. Harout Samra
  352 So. 3d 361· Fla. 3d DCA· 2022-09-30 ·cited 5×
  This case involves a dispute between former business partners over an alleged oral partnership agreement. The appellate court affirmed the trial court's judgment, upholding the jury's finding of a partnership and breach of agreement, while also affirming directed verdicts against
• Fratangelo v. Olsen
  271 So. 3d 1051· Fla. 3d DCA· 2018-12-21 ·cited 4×
  Fratangelo petitions for certiorari to review a non-final trial court order denying his motion for entry of final judgment and reconsideration after a bench trial in a complex business dispute with Olsen over missing assets from LLCs. The appellate court dismisses the petition be
• O.K. Houstoun, Jr. v. Albury
  436 So. 2d 224· Fla. 3d DCA· 1983-06-28 ·cited 4×
  On remand from a prior appeal affirming the existence of three partnerships, the trial court conducted a full accounting and dissolved the Houstoun-Albury-Baldwin partnership. The key dispute involved whether a 1969 renewal note discharged the original 1967 partnership loan, affe
• Ottensoser v. Scott
  47 Fla. 276· Fla.· 1904-01-01 ·cited 4×
  In this 1904 case, the Florida Supreme Court addressed whether an insolvent building and loan association could charge borrowers a proportionate share of the discount premium bid when the association failed. The court held that where a borrower bid a discount premium contingent o
• Zaki Kulaibee Establishment v. McFLICKER
  788 F. Supp. 2d 1363· S.D. Fla.· 2011-04-25 ·cited 3×
  The court held that genuine issues of material fact preclude summary judgment on several breach of contract claims, including failure to pay amounts owed, failure to provide documentation (as to damages), failure to pay out insurance proceeds, inflated warehouse costs, sham trans
• Validsa, Inc. v. Pdvsa Servs. Inc.
  632 F. Supp. 2d 1219· S.D. Fla.· 2009-07-10 ·cited 3×
  The court held that Defendants breached contracts by failing to pay for accepted goods and anticipatorily repudiated other contracts by failing to provide adequate assurances of performance.
• Bankers Tr. Realty, Inc. v. Kluger
  672 So. 2d 897· Fla. 3d DCA· 1996-05-08 ·cited 3×
  Bankers Trust Realty appealed the dismissal of its third amended complaint against attorneys Kluger, Dubosar, and their law firm for legal malpractice, equitable accounting, and breach of fiduciary duty. The court affirmed the dismissal, finding the complaint failed to allege suf
• Palm Bay Towers Condo. Ass'n, Inc. v. Marrazza
  404 So. 3d 552· Fla. 3d DCA· 2025-01-02 ·cited 2×
  Palm Bay Towers Condominium Association appeals a trial court order granting unit owners leave to amend their complaint to assert a claim for punitive damages arising from the Association's alleged gross mismanagement and failure to maintain and repair the building and marina. Th
• IET, Inc. v. Intellocorp, LLC
  357 So. 3d 755· Fla. 3d DCA· 2023-03-01 ·cited 2×
  The appellate court affirmed a lower court's decision finding that Hartnett breached a settlement agreement with Intellocorp. The court held that Hartnett's breach was not curable and thus Intellocorp was entitled to attorney's fees.
• Rappaport v. Scherr
  322 So. 3d 138· Fla. 3d DCA· 2021-05-26 ·cited 2×
  The appellate court reversed a final judgment and attorney's fees award in a shareholder derivative suit. The court found the plaintiff failed to comply with a statutory requirement to make a pre-suit demand on the corporation before filing the lawsuit, which necessitated dismiss
• ILD Corp. v. NEW Link Network, LLC
  157 So. 3d 501· Fla. 2d DCA· 2015-02-13 ·cited 2×
  ILD Corp. appealed a trial court order denying its motion to transfer venue to St. John's County. The appellate court reversed, finding the trial court failed to properly consider ILD's argument under Florida Statute § 47.122 (convenience transfer) and instead relied on the "plac
• Alejandra Cossio v. Arrondo
  53 So. 3d 1141· Fla. 3d DCA· 2011-02-02 ·cited 2×
  Alejandra Cossio appeals a trial court sanction that precluded her from presenting any witnesses (except herself) or introducing documents in a partnership dissolution case. The Third District Court of Appeal reversed, holding that such a severe sanction was not commensurate with
• Tech. Acoustics, Inc. v. Enter. Nat'l Bank OF Jacksonville
  672 So. 2d 596· Fla. 1st DCA· 1996-04-24 ·cited 2×
  Technical Acoustics and Donald Bowers appealed a judgment requiring an accounting to Enterprise National Bank after Acoustics repossessed assets it had a senior security interest in and sold them. The court affirmed the trial court's denial of counterclaim and dismissal motions b
• Floyd v. Heno
  996 F.2d 429· 1st Cir.· 1993-06-10 ·cited 2×
  The court held that a claim for compensatory relief arising from FDIC's repudiation of a contract is not subject to the administrative claims process under 12 U.S.C. § 1821(d), and thus the district court erred in dismissing it for lack of jurisdiction.
• O'Shaughnessy v. Kelley
  237 So. 2d 335· Fla. 4th DCA· 1970-06-29 ·cited 2×
  Michael J. Kelley sued Thomas O'Shaughnessy, Sr. and others for an accounting of advances made in connection with a joint venture to develop real estate in Florida and Ohio. The trial court awarded Kelley $17,569.62 plus interest and costs against O'Shaughnessy, Sr., but the appe
• Vess v. Fred Astaire Dance Studios Corp.
  229 F.2d 892· 5th Cir.· 1956-02-13 ·cited 2×
  The court held that the contract's language and settlement agreement clearly established a minimum weekly guarantee for franchise fees, not solely a percentage of gross income.
• Gettis A. Henderson v. Henderson
  87 Fla. 470· Fla.· 1924-05-14 ·cited 2×
  This case involves a dispute over a debt and a guardian's bond. The appellant, a guardian, sought an injunction to prevent his ward and sureties from collecting a judgment, arguing it was part of a fraudulent scheme to make him pay a debt he did not owe. The appellate court found
• Nims v. Nims
  23 Fla. 69· Fla.· 1887-01-01 ·cited 2×
  This case involves a dispute between father and son over a lumber mill partnership. The Florida Supreme Court reversed the lower court's decree, finding the accounting evidence insufficient to determine partnership profits, and remanded for a more limited accounting focused on th
• Fla. Woman Care, LLC v. HOA Nguyen, M.D.
  329 So. 3d 146· Fla. 4th DCA· 2021-10-13 ·cited 1×
  Florida Woman Care, LLC and affiliated entities appealed a trial court order denying their motion to compel arbitration of claims brought by Dr. Hoa Nguyen regarding his employment termination. The court reversed, holding that the arbitration agreement in Nguyen's employment cont
• Pratt v. F. A. Chastain Constr., Inc.
  157 So. 2d 101· Fla. 3d DCA· 1963-10-22 ·cited 1×
  The appellate court affirmed a lower court's equitable accounting, holding that the appellants failed to perform their contractual obligations by not conveying lots as required. The court directed the lower court to expunge improper deeds and cancel a certificate of title.
• Ewers v. Herman
  Fla. 4th DCA· 2025-12-17
  This appeal addresses whether a trial court properly entered judgment notwithstanding the verdict (JNOV) for defendants on a breach of contract claim involving an employment agreement and letter of intent between business partners. The court affirms the judgment on the employment
• Herman v. Ewers
  Fla. 4th DCA· 2025-12-17
  The trial court properly denied the plaintiffs' motion for new trial on the breach of employment agreements claim because the plaintiffs failed to adequately challenge the court's determination that they were employees rather than owners entitled to post-employment profit distrib
• Herman v. Ewers
  Fla. 4th DCA· 2025-12-17
  Business partners Scott Herman and Craig Cooper appeal a trial judgment awarding them $418,574.07 on their breach of employment agreement claim while the trial court granted judgment notwithstanding the verdict (JNOV) on their breach of a Letter of Intent claim where a jury had a
• Everington v. Riesen
  M.D. Fla.· 2025-12-11
  The court granted Plaintiffs' motion to compel Defendant's tax documents and documents from a prior sealed case, and granted Defendant's motion to compel Plaintiffs' damages calculation and document designations, while denying other requests.
• Belvant v. Cohen
  Fla. 3d DCA· 2025-11-19
  Belvant appeals the trial court's dismissal with prejudice of his replevin count against third-party defendants who wrongfully detained a taxi permit co-owned with Cohen. The appellate court reversed, holding that Belvant was not required to join his co-owner Cohen as a plaintiff
• Maradona v. Villafane
  Fla. 3d DCA· 2025-09-10
  The estate of Diego Maradona appealed summary judgment dismissing his fraud claims against his ex-wife Claudia Villafañe over hidden real estate purchases, as well as a contempt order and sanctions award. The court affirmed the summary judgment because Maradona had expressly waiv
• Maradona v. Villafane
  Fla. 3d DCA· 2025-09-10
  A marital settlement agreement that expressly waives claims to undisclosed marital assets bars subsequent fraud and breach of fiduciary duty claims based on those assets, even if discovered after the agreement's execution. An indirect criminal contempt order imposed for discovery
• Roth v. Sotera Health Co.
  Del. Ch.· 2024-09-23
  The court granted summary judgment for the defendant on the breach of contract claim regarding unvested equity, finding that the restricted stock agreement unambiguously incorporated the prior vesting and forfeiture terms, and on the claim for severance benefits, holding that the
• Show Plus Promotions, LLC v. Valley Nat'l Bancorp.
  S.D. Fla.· 2024-08-13
  The court accepted the magistrate judge's report and recommendation, granting in part and denying in part the defendants' motion to dismiss, and allowed plaintiffs one final opportunity to amend their complaint.
• Ardex Labs., Inc. v. Hernandez
  S.D. Fla.· 2024-05-02
  The court held that the defendant's counterclaims for breach of contract, fraud, unjust enrichment, and defamation were properly dismissed due to untimeliness or lack of specificity.
• Zausner Foods Corp. v. Blandin
  S.D. Fla.· 2023-08-16
  The court held that the defendants' motion to dismiss should be denied because the plaintiff sufficiently pled its claims, has standing, and the court has personal jurisdiction over the defendants.
• Young v. Ditech Fin., LLC
  Fla. 4th DCA· 2023-05-31
  Counterclaims against a mortgage note holder for breach of contract and equitable accounting that are interdependent with a pending foreclosure claim are not immediately appealable as partial final judgments.
• IET, Inc. v. Intellocorp, LLC
  Fla. 3d DCA· 2023-03-01
  The trial court correctly determined that Hartnett breached the settlement agreement by representing to third parties that he solely owned IET, a disclosure that was incurable as a matter of law under the futility doctrine. Because the breach could not be cured, Intellocorp was e
• IET, Inc. v. Intellocorp, LLC
  Fla. 3d DCA· 2023-03-01
  The appellate court affirmed a lower court's decision that Hartnett breached a settlement agreement with Intellocorp. The court found that Hartnett's actions, including a letter to BigCommerce, violated the agreement and that Intellocorp was entitled to attorney's fees.
• Young v. Ditech Fin., LLC
  Fla. 4th DCA· 2023-02-01
  Counterclaims for equitable accounting and breach of contract against the note holder are compulsory to a foreclosure action and therefore not immediately appealable when the main foreclosure claim remains pending.
• MBI Servs., LLC v. Apex Distrib. LLC
  S.D. Fla.· 2022-02-08
  The court denied the plaintiff's motion to modify the scheduling order to add nineteen new defendants and extend pre-trial deadlines.
• Rappaport v. Scherr
  Fla. 3d DCA· 2021-05-26
  A shareholder's derivative action must be dismissed when the shareholder fails to comply with the statutory pre-suit demand requirement under Florida Statutes section 607.07401(2), which requires a written demand to the board of directors prior to filing suit; Florida law does no
• Feng v. Walsh
  S.D. Fla.· 2020-09-14
  Foreign nationals who invested millions of dollars in an EB-5 immigrant investor program allegedly run by Joseph Walsh sued the defendants for fraud, alleging their investment funds were diverted through a fraudulent "fake escrow account" at PNC Bank instead of being used for the