Whittle v. Ellis
| Decision Date | 20 July 1960 |
| Docket Number | No. 1694,1694 |
| Citation | 81 A.L.R.2d 1415,122 So.2d 237 |
| Parties | Chester E. WHITTLE, Appellant, v. William N. ELLIS, Appellee. |
| Court | Florida District Court of Appeals |
Heskin A. Whittaker, Orlando, for appellant.
H. M. Voorhis, of Maguire, Voorhis & Wells, Orlando, for appellee.
William N. Ellis filed a bill in equity for an accounting and settlement of affairs against Chester E. Whittle, with whom he had been associated in the practice of law. The court, on consideration of Whittle's motion for summary decree, found that a fiduciary relationship had existed between those two and that Ellis was entitled to an accounting; and the court thereupon denied the motion for summary decree. Whittle appeals from that interlocutory order.
Primarily, Whittle urges that there is no basis for an equitable accounting and that in addition, even if Ellis were entitled to an accounting, then the order so finding should have been limited and defined as to the scope of the accounting to be rendered.
We shall first consider whether there existed between the two men a confidential or fiduciary relationship. Their professional association began in 1946, when, following World War II, Whittle started practicing law, occupying together with Ellis the offices where the latter had practiced as an established attorney for many years. The joint nature of this association lay at first within the fact that the two shared payment of rental and secretarial expenses. Later, in 1950, under arrangements made by Whittle, the law offices were removed to the Florida National Bank Building in Orlando where the two shared the expenses named, together with other overhead, meanwhile practicing law, not as partners, but individually, each representing his own clients, collecting and retaining fees from them. The name, Ellis & Whittle, was placed on the entrance door, on stationery and billheads used by both men, and in the telephone directory. The name, Ellis & Whittle, was listed in Martindale-Hubbell with an AV rating, although Whittle's rating was BV.
Subsequently, Whittle opened a bank account in the name of Ellis & Whittle, but only he was authorized to draw upon it, and Ellis did not learn of its existence until a considerable time thereafter. Books were kept by a certain employee who opened the mail, determined to whom checks received in payment of fees should be credited, and made the deposits. The books of account thus kept are now in Whittle's possession, and he has refused to allow Ellis to examine them.
In May, 1955, Ellis, becoming ill, withdrew from active practice and was thereafter able to do virtually no work, although he later went occasionally to the office. The name of Ellis & Whittle continued in use until January 31, 1959. At the time he became ill, Ellis turned over to Whittle for completion of the legal work the Mace estate which he had been handling. Also, for many years, Ellis had been attorney for and a director of the Florida National Bank at Orlando and had represented the trust department of the Florida National Bank at Jacksonville with respect to many local probate matters. These two banks continued to refer work to Ellis & Whittle, and orders of the probate court allowing fees ran to Ellis & Whittle. Deposits were made in the account of Ellis & Whittle. For a time, Ellis continued to be held liable for rent and secretarial expense. All of the papers in litigation and in estates were filed in the name of Ellis & Whittle prior to January 31, 1959. Whittle sent out announcements of dissolution of the firm effective January 31, 1959.
The parties have not been able to agree on the amount of fees to which Ellis is entitled nor on the different estates and other legal work as to which he may claim fees. The evidence conflicts as to agreements concerning both the...
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Boyd v. Walker, 70--822
...cannot read the complaint as alleging fraud or breach of fiduciary duties outside of the existence of a partnership as in Whittle v. Ellis, Fla.App.1960, 122 So.2d 237; see generally Merritt, As to the concurrent jurisdiction of equity to render an account, I would conclude that the complai......
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