Wood v. Brackett, Q--406
| Decision Date | 19 September 1972 |
| Docket Number | No. Q--406,Q--406 |
| Citation | 266 So.2d 398 |
| Parties | Benjamin D. WOOD, Appellant, v. Patrick D. BRACKETT, Appellee. |
| Court | Florida District Court of Appeals |
Jerry A. Funk, of E. Coleman Madsen Law Offices, Jacksonville, for appellant.
No appearance for appellee.
The defendant in an accounting action has taken this interlocutory appeal from an order entered by the Circuit Court for Duval County granting the plaintiff's motion to produce certain books, records, and papers of a laundromat business owned and operated by the defendant in which business the plaintiff claimed a partnership interest.
The principal question presented for our determination in this interlocutory appeal is whether the court erred in granting the said motion without having determined the plaintiff's right to an accounting.
In its brief 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 in Cay's possession. The trial court ordered the production. In reversing the trial court, the District Court of Appeal cited the decision of the Supreme Court of Florida in Charles Sales Corp. v. Rovenger, 88 So.2d 551 (Fla.1956), which sets out the rule in Florida that in an action for an accounting there are two triable issues: the first of these being the right to an accounting. This issue must be decided first before the court can enter orders requiring production of documents related solely to the second issue, the accounting itself.
In the more recent case of Stanton Investment Co. of Missouri v. Simon, 255 So.2d 557 (Fla.App.1971) a plaintiff filed an action in trespass and the defendant counterclaimed for an accounting and other relief. The trial court entered an order requiring the plaintiff to produce certain documents, records, and papers. In its decision quashing the said order, the Second District Court of Appeal said:
The...
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Golub v. Cohen
...private records of another by the simple device of filing a complaint against the latter asking for an accounting." Wood v. Brackett, 266 So.2d 398, 399 (Fla.App.1972) (quashing order compelling discovery responses because trial court failed to make preliminary determination that plaintiff ......
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Parliament Ins. Co. v. Hanson
...the accounting. Manning v. Clark, 56 So.2d 521 (Fla.1951); Charles Sales Corp. v. Rovenger, 88 So.2d 551 (Fla.1956); Wood v. Brackett, 266 So.2d 398 (1 D.C.A.1972). Under Florida law, a party seeking an accounting has the burden of showing a relationship between the parties that requires or......
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Aly Handbags, Inc. v. Rosenfeld
...A--1 Truck Rentals, Inc. v. Vilberg, Fla.App.1969, 222 So.2d 442; O'Shaughnessy v. Kelley, Fla.App.1970, 237 So.2d 335; Wood v. Brackett, Fla.App.1972, 266 So.2d 398; G. H. Crawford Co. Financial Services v. Goch, Fla.App.1974, 292 So.2d Therefore, this cause is reversed and remanded to the......
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Giammaresi v. Parker, s. 75--217
...of the right to an accounting is settled. This case has been followed by David v. Tansill, 297 So.2d 84 (Fla.App.1974); Wood v. Brackett, 266 So.2d 398 (Fla.App.1972); Stanton Investment Company of Missouri v. Simon, 255 So.2d 557 (Fla.App.1971); Boyd v. Walker, 251 So.2d 332 (Fla.App.1971)......
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Business & commercial cases
...is decided, the court can then enter orders requiring the production of documents related to the accounting itself. Wood v. Brackett , 266 So.2d 398, 399 (Fla. 1st DCA 1972). See also Cooper v. Fulton , 107 So.2d 798, 800 (Fla. 3d DCA 1959). There are several connected cases at 117 So.2d 33......