Collin Texas Court Order Resolving an Action for Accounting

State:
Multi-State
County:
Collin
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

Read the complaint or petition to see why you are being sued and what the person wants the court to do. Then write a response to each numbered paragraph of the complaint or petition. Every allegation in a complaint is usually given a number. You should number your answer the same way.

This action is against a person in a fiduciary relationship to recover profits taken in a breach of the relationship. Usually, this term is shortened to accounting. This term is used in several ways. It is a restitutionary remedy in order to prevent or avoid unjust enrichment.

Default judgments happen when you don't respond to a lawsuit often from a debt collector and a judge resolves the case without hearing your side. In effect, you're found guilty because you never entered a defense. Default judgments are sometimes called automatic judgments because of how fast they can happen.

Once a plaintiff establishes that he has a right to an accounting, the second step is for the Court to "true-up" the partners' individual accounts to make sure that each has been allocated his fair share of partnership distributions, "fair share" referring to the allocation agreed between the partners or required by

Under Florida law, an accounting is a cause of action in which a party requests an equitable settlement of claims and liabilities arising out of its relationship with another party.

After you notify the defendant of the judgment, you can begin to enforce the judgment. Your judgment might be for money, repossession, eviction, foreclosure, or any number of things. In any case, your rights at this point would be the same as if you had gone to trial and won.

An action for an accounting is a suit in equity for a determination of the amount owed to the plaintiff when the amount to which the plaintiff is entitled is uncertain and cannot be calculated based on the information available to the plaintiff.

Equitable accounting means considering contributions and adjust- ments of accounts between cotenants, which are related to the real property and are based upon such contributions and adjustments, s. 64.081, and common law.

1. An action for an accounting. An action for an accounting has two elements: (1) that a relationship exists between the plaintiff and defendant that requires an accounting and (2) that some balance is due the plaintiff that can only be ascertained by an accounting. (Teselle, supra, 173 Cal. App. 4th at p.

Final Judgment on the Merits: As indicated, a default judgment is a final judgment on the merits. Same Transactional Facts: "The marks and claims at issue in this proceeding were also at issue in the Civil Action."

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Collin Texas Court Order Resolving an Action for Accounting