Legal Question in Civil Litigation in Florida

I am involved in a partnership-type business dispute where I had the right to inspect books and sued to establish that right. The defendant wants to dismiss the complaint because my attorney didn't first ask for the records prior to filing suit. They have since partially complied with my attorney's request by providing the operating agreement that clearly shows they withheld property that didn't belong to them. At this point can they still try to dismiss my complaint based on the technicality?

Thank you.


Asked on 6/05/17, 4:02 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

This question should be posed to your attorney who has all the paperwork. It would be pure guesswork for someone without reviewing the papers. if there is a conditions precedent before which you can request such records it is more than a technicality in all likelihood and you have to comply.

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Answered on 6/05/17, 4:14 pm


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