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MIDWAY MINI-STORAGE, LLC v. Mobley

Citations: 54 So. 3d 618; 2011 Fla. App. LEXIS 1971; 2011 WL 553755Docket: 5D10-2831

Court: District Court of Appeal of Florida; February 17, 2011; Florida; State Appellate Court

Narrative Opinion Summary

The case involves Midway Mini-Storage, LLC, and William Todd Overcash (Appellants) appealing against Jennifer L. Mobley (Appellee) in the District Court of Appeal of Florida, Fifth District, under case number 5D10-2831. The court affirmed the lower court's decision on February 18, 2011. The ruling references the precedent set in Ashemimry v. Ba Nafa, which establishes that when a fiduciary or trust relationship is present, an action for accounting is classified as equitable in nature. The judges on the panel—Lawson, Evander, and Cohen—concurred in the decision.

Legal Issues Addressed

Equitable Nature of Actions for Accounting

Application: The court affirmed the lower court's decision by applying the principle that when a fiduciary or trust relationship is present, an action for accounting is considered equitable in nature.

Reasoning: The ruling references the precedent set in Ashemimry v. Ba Nafa, which establishes that when a fiduciary or trust relationship is present, an action for accounting is classified as equitable in nature.