Legal Opinion

Cassedy v. Alland Investments Corp.

District Court of Appeal of Florida

Decided January 3, 2014No. 1D13-0311PublishedCited by 9 opinions

1Opinion of the CourtWolf, J.

Appellant, Marshall R. Cassedy, Jr., challenges a final order denying him damages in an action for accounting. We determine the final order appears to have applied the wrong burden of proof for determining the legitimacy of certain expenditures made by appellees. This error is particularly apparent in light of the lack of any evidence to demonstrate that many of the contested expenditures were made for legitimate business purposes. We, therefore, reverse for the trial court to reconsider its determination based on the correct burden of proof.

I. Facts and Procedural History

Below, appellant…

2Cases cited8 opinions

  1. Crusselle v. MongDistrict Court of Appeal of Florida · 2011
  2. Benbow v. BenbowSupreme Court of Florida · 1934
  3. Nayee v. NayeeDistrict Court of Appeal of Florida · 1998
  4. Traub v. TraubDistrict Court of Appeal of Florida · 1961
  5. New World Fashions, Inc. v. LiebermanDistrict Court of Appeal of Florida · 1983

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3Cited by9 opinions

  1. Estate of Yevgenyi Scherban v. Suntrust BankDistrict Court, District of Columbia · 2016
  2. Lee Memorial Health System v. Blue Cross & Blue Shield of Florida, Inc.District Court, M.D. Florida · 2017
  3. Columbia Bank v. Heather Johnson TurbevilleDistrict Court of Appeal of Florida · 2014
  4. Action Nissan, Inc. v. Hyundai Motor America CorporationDistrict Court, M.D. Florida · 2024
  5. Cassedy v. Alland Investments Corp.District Court of Appeal of Florida · 2016

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