W.C.P.S. OF FLORIDA, INC., A FLORIDA CORPORATION, APPELLANT,
v.
STANDARD BRANDS OF AMERICA, EDWARD H. MCCLUSKEY, EDWARD V. MCCLUSKEY, MATTHEW J. COHEN, AND DEREK J. MCCLUSKEY, APPELLEES
W.C.P.S. OF FLORIDA, INC., A FLORIDA CORPORATION, APPELLANT,
STANDARD BRANDS OF AMERICA, EDWARD H. MCCLUSKEY, EDWARD V. MCCLUSKEY, MATTHEW J. COHEN, AND DEREK J. MCCLUSKEY, APPELLEES
707 So. 2d 416
Florida District Court of Appeal, Fourth District (1998)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM,
We affirm the trial court’s dismissal of the complaint against the individual defendants on the ground that it does not state a cause of action against the individuals. As to Count II, based on section 634.421, Florida Statutes (1995), the complaint does not allege that the appellees individually violated the statute by receiving funds and diverting them to their own use. As to Count III, for conversion, it is not actionable under Gambolati v. Sarkisian, 622 So. 2d 47 (Fla. 4th DCA 1993). Count IV, assuming it alleges civil theft independent from a violation of section 634.421(2), is not actionable under Rosen v. Marlin, 486 So. 2d 623 (Fla. 3d DCA 1986).
POLEN, KLEIN and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gasparini v. Pordomingo, 972 So. 2d 1053 (Fla. 3d DCA 2008)…harged by the payment of money cannot generally form the basis of a claim for conversion or civil theft. See, e.g., Fla. Desk, Inc. v. Mitchell Int’l, Inc., 817 So. 2d 1059, 1060 (Fla. 5th DCA 2002); W.C.P.S. of Fla., Inc. v. Standard Brands of Am., 707 So. 2d 416 (Fla. 4th DCA 1998); Rosen v. Marlin, 486 So. 2d 623, 626 (Fla. 3d DCA 1986). This is not to say that there can never be a claim for civil theft or conversion if there is a contractual relationship between the parties, but rather that the civil the…
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Neate v. Cypress Club Condo., Inc., 718 So. 2d 390 (Fla. 4th DCA 1998)…he absence of a stay provision comparable to section 682.03, an unauthorized filing in court without prior arbitration should not be dismissed. In later cases, we have simply cited Blum without comment. See Summit Towers Condo. Ass’n, Inc. v. Coren, 707 So. 2d 416 (Fla. 4th DCA 1998); Carlandia Corp. v. Obernauer, 695 So. 2d 408 (Fla. 4th DCA 1997). We read these provisions in section 718.1255 to create a condition precedent to filing an action in court, and conclude that this condition precedent operates si…1 / 2
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17 92 Why Go to the Dealer Auto. Inc v. Westgate Wabasso Corp (15th Cir. Ct. App. Div. 2018)
Authorities Cited
- Murray Rosen v. Marlin, 486 So. 2d 623 (Fla. 3d DCA 1986)
- Cam Gambolati v. Sarkisian, 622 So. 2d 47 (Fla. 4th DCA 1993)