Cay Const. Co. v. Conlee Const. Co.
| Decision Date | 30 June 1967 |
| Docket Number | No. 1003,1003 |
| Citation | 200 So.2d 563 |
| Parties | CAY CONSTRUCTION CO., a Florida corporation, Sylvan B. Krause, individually and as an officer, director and stockholder of Cay Construction Co., and as an officer and director of Conlee Construction Company, and J. Leon Kahn, individually and as a stockholder of Conlee Construction Company and as an officer, director and stockholder of Cay Construction Co., Appellants, v. CONLEE CONSTRUCTION COMPANY, a Florida corporation, Appellee. |
| Court | Florida District Court of Appeals |
Lewis H. Fogle, Jr., of Fogle & Fordham, Miami, and Smathers, Tepper & Pleus, Orlando, for appellants.
Michael R. Walsh, of Anderson, Rush, Dean & Lowndes, Orlando, for appellee.
The defendants, Cay Construction Company, Sylvan B. Krause and J. Leon Kahn, bring interlocutory appeal from orders directing them to produce certain documents in a suit brought by Conlee Construction Company. Krause was sued as an officer and director of Conlee as well as an officer and director of Cay. Kahn was sued as both a stockholder of Conlee and as an officer and director of Cay.
The complaint sought an accounting and alleged that Krause and Kahn seized a corporate opportunity by purchasing for themselves and Cay instead of Conlee certain real property situated in Brevard County. The complaint also alleged that Krause and Kahn formed Cay Construction Company, helped it compete with Conlee, and used Conlee's assets to help effectuate this purpose.
After preliminary motions the defendants filed an answer to the complaint. Plaintiff-Conlee then moved to amend the complaint and filed interrogatories relative to the purchase of property. The defendants responded to the interrogatories after which the plaintiff filed motions to produce numerous documents and writings in the possession of the defendants.
The trial court entered two orders requiring certain documents, objects and things to be produced by the defendants for inspection, copying and photographing by the plaintiff. It is from the granting of these motions that defendants appeal.
The orders to produce were very broad and included numerous items, copies of which were obtainable from the public records. The order also required the production of journals, ledgers, work papers, cancelled checks, vouchers, financial statements, minute books, stock books and similar items which could only have relevance as to the amount of any sums that night be due the plaintiff in...
To continue reading
Request your trial
-
Aly Handbags, Inc. v. Rosenfeld
...R. K. Cooper v. Fulton, Fla.App.1959, 107 So.2d 798; Drucker v. Martin, Fla.App.1963, 157 So.2d 435; Cay Construction Co. v. Conlee Construction Company, Fla.App.1967, 200 So.2d 563; A--1 Truck Rentals, Inc. v. Vilberg, Fla.App.1969, 222 So.2d 442; O'Shaughnessy v. Kelley, Fla.App.1970, 237......
-
Armstrong v. Piatt
...until the preliminary issue of the right to the accounting is settled. This case has been followed in Cay Construction Co. v. Conlee Construction Company, Fla.App.1967, 200 So.2d 563; Drucker v. Martin, Fla.App.1963, 157 So.2d 435; Cooper v. Fulton, Fla.App.1959, 107 So.2d 798. See Zenith R......
-
Conlee Const. Co. v. Cay Const. Co.
...the defendants took an interlocutory appeal and posted a supersedeas bond. By opinion of this court, Cay Construction Co. v. Conlee Construction Company, Fla.App.1967, 200 So.2d 563, we affirmed in part and reversed in part, and by separate order ordered that the plaintiff-construction comp......
-
Wood v. Brackett, Q--406
...the defendant relies upon the decision of the District Court of Appeal, Fourth District of Florida, in Cay Construction Co. v. Conlee Construction Co., 200 So.2d 563 (Fla.App.1967). In that case Conlee filed an action for an accounting and later filed a motion to produce certain documents i......