Zaki Kulaibee Establishment v. McFliker, et al., No. 11-15207 (11th Cir. 2014)Annotate this Case
Zaki filed suit against ANI for breach of contract and conversion, among other things, after ANI sold Zaki's aircraft parts without properly accounting for the sales proceeds, charging Zaki for inflated storage expenses, and failing to return the parts after Zaki terminated the consignment agreement. Zaki also requested an accounting. The court held that the district court abused its discretion when it refused to grant Zaki an accounting; the district court failed to recognize the fiduciary nature of the relationship between the parties alone constituted sufficient grounds for an accounting under Florida law and erroneously concluded that an action for damages afforded an adequate alternative; and, therefore, the court reversed and remanded.