Espirito Santo Bank may be permitted to perform limited discovery to determine if BDO Seidman is shrinking to make itself poorer while appealing a $522 million award against the accounting firm, Florida’s 3rd District Court of Appeal ruled Wednesday.

The court said Miami-Dade Circuit Judge John Schlesinger misinterpreted state law and a previous ruling, reopening the door to discovery on the narrow issue of whether BDO is dissipating its assets. Schlesinger was ordered to carefully review the discovery question again.

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