BARBARA ANN BARTOLUCCI, PETITIONER,
v.
LISA LOUISE BARTOLUCCI, BY AND THROUGH HER NATURAL FATHER AND GUARDIAN, ED BARTOLUCCI, RESPONDENT
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DAUKSCH, Chief Judge.
In her petition for Writ of Certio-rari, the petitioner seeks to have us quash the order of the trial court permitting discovery in suit for an accounting. Petitioner correctly states that before the plaintiff in a lawsuit for an accounting can examine the books and records through the usual discovery procedures it must affirmatively appear that the plaintiff is entitled, at least preliminarily, to the accounting. Charles Sales Corp. v. Rovenger, 88 So. 2d 551 (Fla.1956); Giammaresi v. Parker, 326 So. 2d 243 (Fla. 4th DCA 1976). Although it would have been better for the trial court to have specifically found that the plaintiff was entitled to discovery because she was entitled to an accounting, we can determine from the answer and counter-claim of the petitioner that respondent does have a right to an accounting. For instance, it is admitted that the parties are joint owners of the property, the petitioner has received money from the operation of the property and in the past has made accountings to the respondent. It has not been shown the order requiring discovery departs from the essential requirements of law so the petition must be denied.
PETITION DENIED.
SHARP and COWART, JJ., concur.
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E. Colonial Refuse Serv., Inc. v. Velocci, 416 So. 2d 1276 (Fla. 5th DCA 1982)…established. See, e.g., Charles Sales Corp. v. Rovenger, 88 So. 2d 551 (Fla.1956); Ponte Vedra Recorder, Inc. v. Carpenter, 401 So. 2d 834 (Fla. 5th DCA 1981); Giammaresi v. Parker, 326 So. 2d 243 (Fla. 4th DCA 1976); cf. Bartolucci v. Bartoluc-ci, 399 So. 2d 448 (Fla. 5th DCA 1981) (pleadings affirmatively established a right to an accounting). . See, e.g., Erik Electric Co., Inc. v. Elliot, 375 So. 2d 1136 (Fla. 3d DCA 1979); Inland Rubber Corp. v. Helman, 237 So. 2d 291 (Fla. 1st DCA 1970). See generally…
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The Colonies Condo. Ass'n, Inc. v. Clairview Holdings, Inc., 419 So. 2d 725 (Fla. 5th DCA 1982)…nting counts. Generally, a party must show that he is entitled, at least preliminarily, to the accounting before he is entitled to discovery of financial records. Charles Sales Corp. v. Bovenger, 88 So. 2d 551 (Fla.1956); Bartolucci v. Bartolucci, 399 So. 2d 448 (Fla. 5th DCA 1981); Giammaresi v. Parker, 326 So. 2d 243 (Fla. 4th DCA 1976). Here, the records denied by the court can have relevance only to the accounting and not to petitioner’s right to an accounting. In these circumstances, the court’s refu…
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Salem G. Zebouni v. Toler, 513 So. 2d 784 (Fla. 1st DCA 1987)…to an accounting has been finally established by the pleadings and there is no need for an order or judgment so finding. Respondent is correct that a formal finding of the right to an accounting is not always required. In Bartolucci v. Bartolucci, 399 So. 2d 448 (Fla. 5th DCA 1981), the court noted that, although a specific judicial finding of a right to an accounting is preferred, the answer and counterclaim of petitioner Bartolucci established respondent Bartolucci’s right to an accounting. Petitioner Bar…
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- Charles Sales Corp. v. Rovenger, 88 So. 2d 551 (Fla. 1956)
- Giammaresi v. Greer Parker, 326 So. 2d 243 (Fla. 4th DCA 1976)