EDUARDO OROZCO
v.
MCCORMICK 105, LLC
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A defendant's refusal to return funds after acknowledging they belong to the plaintiff satisfies the felonious intent requirement for embezzlement, conversion, and civil theft claims.
[1] A defendant's refusal to return funds after acknowledging that they belonged to the plaintiff satisfies the felonious or fraudulent intent requirement for embezzlement.
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Join FLexlaw to unlock all legal intelligence“defendant's refusal to return funds after acknowledging that they belonged to plaintiff satisfied the felonious intent requirement”
McCormack v. Flens, cited as supporting authority for affirming the judgment
Plaintiff Orozco sought recovery of funds from Defendant McCormick 105, LLC, which had acknowledged the funds belonged to Plaintiff but refused to ret…
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PER CURIAM.
Affirmed. See McCormack v. Flens, 27 So. 3d 179, 181 (Fla. 2d DCA 2010) (affirming jury verdict and finding that defendant’s refusal to return funds after acknowledging that they belonged to plaintiff satisfied the felonious intent requirement); see also Masvidal v. Ochoa, 505 So. 2d 555, 556 (Fla. 3d DCA 1987) (holding that that the defendant committed embezzlement, conversion, and civil theft where “the defendant lawfully obtained possession of the plaintiff’s funds to set up the escrow fund and thereafter converted the funds for his own use”).
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Citator
Authorities Cited
- Masvidal v. Ochoa, 505 So. 2d 555 (Fla. 3d DCA 1987)
- McCORMACK v. Flens, 27 So. 3d 179 (Fla. 2d DCA 2010)