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Del. Ch.·
2020-07-09
The Court denied Plaintiffs' request for a declaratory judgment, holding that the Series D Manager's consent rights under Section 14.2(b)(ii) of the Operating Agreement were not triggered by the proposed issuance of Series E financing. The Court found that while amending the Oper
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M.D. Fla.·
2020-02-14
The court held that the plaintiff sufficiently alleged claims for RESPA violations, negligence, and equitable accounting, thus denying the defendant's motion to dismiss.
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M.D. Fla.·
2019-10-15
The court granted the motion to dismiss the City's counterclaim for equitable accounting, finding it failed to state a claim, but granted leave to amend.
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245 So. 3d 964·
Fla. 1st DCA·
2018-04-30
Dr. Graham challenges a trial court order appointing a custodian to manage a jointly-owned business while dissolution proceedings were statutorily stayed. Dr. Graham elected to purchase Dr. Uphold's shares and requested a fair value determination, which triggered a mandatory stay
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77 So. 3d 884·
Fla. 2d DCA·
2012-01-20
Cynthia Jones appealed an order declining to exercise jurisdiction over the judicial dissolution of a corporation in which she and Louis Pfaff were equal shareholders. The Florida District Court of Appeal dismissed the appeal for lack of jurisdiction because the order was not app
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456 B.R. 545·
M.D. Fla.·
2011-07-27
The bankruptcy court erred in classifying the Partnership's state law claims as 'core' proceedings and in its interpretation of the governing documents regarding responsibility for common element repairs.
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795 F. Supp. 2d 1321·
M.D. Fla.·
2011-06-11
The court held that the dispute resolution clause in the Operating Agreement, despite using the term 'mediation,' constituted a binding agreement to arbitrate, encompassing all claims filed by the plaintiffs.
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757 F. Supp. 2d 1294·
S.D. Fla.·
2010-11-24
The court denied the motion to dismiss, finding that the plaintiff's claims were sufficiently pled to survive the motion, and denied the motion for sanctions.
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45 So. 3d 894·
Fla. 4th DCA·
2010-09-22
A master property owners association challenged an order compelling it to refund a special assessment that the trial court had declared invalid. The court held that the trial court erred in ordering the refund before final judgment was entered, as doing so would deprive the maste
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Del. Ch.·
2008-06-13
The Court granted in part and denied in part the defendants' motion to dismiss. The court held that the partnership agreement did not require ratable in-kind distributions, granting the General Partner sole discretion. However, the court found that withdrawing partners could pote
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889 So. 2d 905·
Fla. 4th DCA·
2004-12-08
Where materials sought in discovery appear relevant to the subject matter of a pending action, including claims to pierce the corporate veil and equitable accounting, personal financial information is fully discoverable, and an order compelling such production cannot be reviewed
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976 F.2d 614·
10th Cir.·
1992-10-02
The court held that the statute of limitations barred the contractual accounting claim and that plaintiff failed to establish title to the working interest, thus barring the equitable accounting claim.
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346 F.2d 645·
5th Cir.·
1965-06-01
The entire lawsuit is barred by the statute of limitations because the claim accrued when the contracts were executed, not when damages were fully ascertainable or FPC action was taken.
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153 So. 2d 319·
Fla. 2d DCA·
1963-03-27
In this fiduciary dispute, the court reversed the trial court's award of warrant securities to Martha Kreher, holding that her husband Karl Kreher's alleged oral agreement with her could not override his fiduciary duty to his earnings pool associates, and that Kreher's secret pur
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129 Fla. 821·
Fla.·
1937-11-04
This case concerns a dispute over a business partnership between a married woman and a deceased man. The appellate court affirmed the lower court's decision, finding that despite a married woman's general inability to enter into formal partnership contracts, she could still acqui
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116 Fla. 257·
Fla.·
1934-03-07
The Florida Supreme Court reversed a trial court order dismissing an equity complaint filed by Manly Construction Company against the Kiwanis Club of Leesburg and its officers for failing to account for and remit pool admission fees pledged as security for construction costs. The
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86 Fla. 244·
Fla.·
1923-07-30
This case involves a dispute over payments under a building contract between Escambia County and Blount Construction Company. The Supreme Court of Florida affirmed the lower court's decision, finding that the Special Master's accounting and the resulting decree were justified by