The plaintiff brought a motion under Rule 45.02 for an order requiring the defendants to pay $368,575.88 into court, representing an alleged overpayment due to an accounting error.
The court found that the plaintiff failed to establish the existence of a specific, differentiated fund, as there was no evidence the overpaid amounts remained in the corporate defendant's bank account or were earmarked.
The motion was dismissed, as the relief sought amounted to execution before judgment.
