Vorbeck v. Betancourt – Dismissal of Pure Bill of Discovery

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In this case, the plaintiffs filed a complaint for a “pure bill of discovery” to obtain information attempting to confirm plaintifffs’ suspicions that a 50% owner of the subject company had misappropriated corporate assets.  The trial court dismissed the complaint, and the appellate court affirmed, on the basis that “the bill of discovery was improper because the [plaintiffs] (1) filed it merely to substantiate their suspected claims and (2) possessed an adequate remedy at law,” namely, a statutory basis to obtain corporate records.

Vorbeck v. Betancourt, 38 Fla. L. Weekly D57a (Fla. 3d DCA Dec. 26, 2012)

 

Topics:  Adequate Remedy at Law, Corporate Records, Discovery, Misappropriation

Published In: Business Organization Updates, Civil Procedure Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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