Where there is a complex relationship or a fiduciary relationship between parties and there is no other remedy available to redress the equities between and amongst parties, the court may conduct an accounting. There are many circumstances where a Florida court may order an accounting and it happens often in the realm of business disputes. For instance, if there are two partners in a business and one asserts that the other has paid himself more than he is entitled to receive, there may be entitlement to an accounting to determine how much one party is entitled to receive from the other. Generally, this remedy can be ordered by a court if the transactions between the parties are so complex that they require more than just mathematical calculations to make a determination of what is or may be owed between the parties.
A party seeking the remedy of an accounting must go through a two-step process. First, they must show that they are entitled to an accounting. Once they show entitlement, the Court then conducts the accounting. In complex business cases, the court may appoint an accountant or other professional to actually perform the accounting and make a determination of what one party owes to the other.
At Brick Business Law, we litigate cases involving business accountings. If you believe you are entitled to an accounting or you have been sued for an accounting, please contact Brick Business Law for a free initial consultation.