ALY HANDBAGS, INC., A FLORIDA CORPORATION, AND ALBERTO LLODRA, APPELLANTS,
v.
IRA ROSENFELD, APPELLEE
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The court held that a party is not entitled to an accounting order without first establishing the right to an accounting through evidence.
[1] A court must determine a party's entitlement to an accounting before ordering the opposing party to render one.
[2] When issues are raised regarding the necessity and scope of an accounting, an evidentiary hearing is required.
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Join FLexlaw to unlock all legal intelligencePlaintiff sued for salesman's commissions, alleging oral and written agreements. The trial court granted an order for an accounting without an evident…
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NATHAN, Judge.
This is an interlocutory appeal by the defendants, Aly Handbags, Inc., and Alberto Llodra, challenging an order of the circuit court finding the plaintiff, Ira Rosen-feld, entitled to an accounting and' ordering the defendants to render an accounting to him.
This action arose when the plaintiff filed his seven-count complaint, , alleging that the defendants owe him certain salesman’s commissions pursuant to a written contract and oral agreements in connection with the contract. The defendants denied any oral agreement with reference to commission, but admitted the written "contract; raised defenses including breach of contract, statute of limitations, statute of frauds; and counterclaimed for cancellation of the written agreement.
The plaintiff moved for an order authorizing an accounting which the court granted without hearing any testimony. No testimony was presented or even offered to the trial court as to the necessary right to an accounting, nor did the court request same sua sponte. On appeal, the defendants contend that the court erred in entering the order for an accounting without an evidentiary hearing on the issue of right to an accounting and the scope and extent thereof.
It is a fundamental principle in a suit for an accounting that when issues are raised as to the necessity and scope of an accounting, the court must first determine that the moving party is entitled to an accounting before such order is entered. Charles Sales Corp. v. Rovenger, Fla.1956, 88 So. 2d 551; 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 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 54.
Therefore, this cause is reversed and remanded to the trial court for further proceedings consistent herewith.
Reversed and remanded.
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Citator
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Salem G. Zebouni v. Toler, 513 So. 2d 784 (Fla. 1st DCA 1987)…used the partnership to terminate for failure of its purpose. In the instant case, the scope of any accounting right is impossible to delineate until the scope of the agreement yielding such right is determined. See Aly Handbags, Inc. v. Rosenfeld, 305 So. 2d 56 (Fla. 3d DCA 1974) (when issues are raised as to the necessity and scope of an accounting, court must first determine that moving party is entitled to an accounting before order therefor can be entered); Filmways Pictures, Inc. v. Marks Polarized Co…
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Ponte Vedra Recorder, Inc. v. Jot Thomas Carpenter, 401 So. 2d 834 (Fla. 5th DCA 1981)…determine respondent’s right to an accounting before it ordered discovery as to the accounting. See Charles Sales Corp. v. Rovenger, 88 So. 2d 551 (Fla.1956); Giammaresi v. Parker, 326 So. 2d 243 (Fla. 4th DCA 1976); Aly Handbags, Inc. v. Rosenfeld, 305 So. 2d 56 (Fla.3d DCA 1974); cf. Bartolucci v. Bartolucci, 399 So. 2d 448 (Fla. 5th DCA 1981) (holding that the pleadings established a right to an accounting). For the reasons stated in this opinion, the Petition for Writ of Certiorari is granted, and that…
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Kathie Z. Schlesinger v. Pamula A. Schlesinger, 186 So. 3d 618 (Fla. 3d DCA 2016)…ccounting must be deferred until the preliminary issue of the right to an accounting is settled” (quoting Drs. Wetland, Reiser, Jones, Shufflebarger, Cooper, P.A. v. Tindall, 372 So. 2d 505, 506 (Fla. 3d DCA 1979))); Aly Handbags, Inc. v. Rosenfeld, 305 So. 2d 56, 57 (Fla. 3d DCA 1974) (“It is a fundamental principle in a suit for an accounting that when issues are raised as to the necessity and scope of an accounting, the court must first determine that the moving party is entitled to" an accounting before…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Charles Sales Corp. v. Rovenger, 88 So. 2d 551 (Fla. 1956)
- Cooper v. Fulton, 107 So. 2d 798 (Fla. 3d DCA 1959)
- A-1 Truck Rentals, Inc. v. Vilberg, 222 So. 2d 442 (Fla. 3d DCA 1969)
- Wood v. Brackett, 266 So. 2d 398 (Fla. 1st DCA 1972)
- CAY Constr. Co. v. Conlee Constr. Co., 200 So. 2d 563 (Fla. 4th DCA 1967)
- G. H. Crawford Co. Fin. Servs. v. Goch, 292 So. 2d 54 (Fla. 3d DCA 1974)
- Drucker v. Martin, 157 So. 2d 435 (Fla. 3d DCA 1963)
- O'Shaughnessy v. Kelley, 237 So. 2d 335 (Fla. 4th DCA 1970)