251 So. 2d 332 - Boyd v. Walker’s Empirical Analysis

Citation profile

1 federal appellate · 4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The amended complaint stated, prima facie, a cause of action for accounting, on two grounds. First because of the alleged partnership, and second, on the ground that a partner whose compensation is based on a percentage of profits of a partnership business ordinarily is entitled to an accounting from his partner or partners who are in possession of the records of the business to determine therefrom the amount due for his agreed compensation. Chandler v. Sherman, 16 Fla. 99 (1877); Uhrig v. Redding, 150 Fla. 480 , 8 So.2d 4 . [[Image here]] A right or basis for accounting which is disclosed in a complaint may be disputed by denial of allegations material thereto or by pleading matters in confession and avoidance which if established will be sufficient in law to preclude an accounting. Where the accounting is thus opposed, the plaintiff first must establish the basis and need for the accounting before an accounting will be ordered and had. Thus where the pleadings present triable issues bearing on the right, basis or necessity for an accounting, the prescribed procedure is for trial in two stages; first as to the basis or a need for accounting, and, if the plaintiff prevails thereon, then for the accounting. Manning v. Clark, Fla. 1951, 56 So.2d 521 ; Charles Sales Corp. v. Rovenger, Fla.1956, 88 So.2d 551 , Gladman v. Hallam, Fla.App.1958, 104 So.2d 46 ; Cooper v. Fulton, Fla.App. 1959, 107 So.2d 798 . Id., 334. (emphasis supplied).”

   1 later decision quote this exact passage
   e.g. 483 So. 2d 546 - Dyson v. Dyson