· 11/18/2014
Zaki Kulaibee Establishment v. Henry H. McFliker
Citations
- 771 F.3d 1301
- 2014 U.S. App. LEXIS 21805
- 2014 WL 6434857
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding the need to impose a fiduciary obligation on consignees because “[a] consignor must not only entrust possession and control over his goods to the consignee, but also trust the consignee to sell his goods for a fair price and remit the proceeds (less a commission) to him”
- “[A]n accounting is best understood as a remedy for a cause of action, not as a cause of action in its own right.”
- “[T]he Court finds that because Plaintiff has alleged that the Parties had a fiduciary relationship, the Plaintiff may properly state a claim for equitable accounting.”
- “Zaki purports to appeal the dismissal of its accounting ‘claim.’ We note that an accounting is best understood as a remedy for a cause of action, not as a cause of action in its own right.”
- reviewing Florida law on accounting
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Moore, Schlesinger
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.