Florida Court Order Resolving an Action for Accounting

State:
Multi-State
Control #:
US-L0107D
Format:
Word; 
Rich Text
Instant download

Description

This is an order to resolve an action for accounting of a former partner's law firm. The order is the result of a motion filed by the defendant firm, and the defendant firm shall allow the plaintiff's accountant access to all records and documents necessary for the accounting.


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FAQ

The motion to dismiss for failure to state a claim is the court's decision to dismiss a lawsuit due to it not stating a cause for action. This could be caused by a lack of evidence, no clear evidence of the violation or there were no laws broken.

An action for an accounting is an equitable cause of action. As discussed below, for statute of limitations purposes, the cause of action for an accounting must sometimes be distinguished from the remedy of an accounting.

?An accounting is an equitable proceeding which is proper where there is an unliquidated and unascertained amount owing that cannot be determined without an examination of the debits and credits on the books to determine what is due and owing.? (Prakashpalan v. Engstrom, Lipscomb & Lack (2014) 223 Cal.

What is an Accounting Action (CCP § 872.140)? February 22, 2023 | By Underwood Law Firm, P.C. An action for accounting is an equitable action seeking to determine the amount owed to the parties of an action when damages are uncertain.

The cause of action for an account stated is based on the agreement of the parties to pay the amount due upon the accounting, and not any written instrument.

A motion must include ? in a single document no longer than twenty-five pages inclusive of all parts ? a concise statement of the precise relief requested, a statement of the basis for the request, and a legal memorandum supporting the request.

Under Florida law, partners can bring a cause of action for equitable accounting when there is a breakdown in trust and cooperation, or when there are concerns about financial improprieties within the partnership.

You can represent yourself if you so choose. This is called pro se representation. But just because you're allowed to represent yourself doesn't mean you should. For example, if you're going through a contentious divorce or battling child custody, these are not legal issues you want to tackle alone.

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Florida Court Order Resolving an Action for Accounting