TRANSWAY AIRFREIGHT CARGO, INC.
v.
MOHAMMED BILTAGI
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The trial court's findings of conversion were supported by competent, substantial evidence and therefore the judgment was affirmed.
[1] A conversion consists of an act in derogation of a plaintiff's possessory rights, and any wrongful exercise or assumption of authority over another's goods, depriving him…
[2] A demand and refusal to relinquish property constitute evidence that a conversion has occurred, but are unnecessary to prove conversion if it can be otherwise shown.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The gist of a conversion has been declared to be not the acquisition of the property of the wrongdoer, but the wrongful deprivation of a person of property to the possession of which he is entitled.”
Definition of conversion under Florida law, citing Star Fruit Co. v. Eagle Lake Growers
Transway Airfreight Cargo, Inc. brought a conversion action against Mohammed Biltagi. The trial court found in favor of the plaintiff on the conversio…
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PER CURIAM.
Affirmed. Flatirons Bank v. Alan W. Steinberg Ltd. P’ship, 233 So. 3d 1207, 1212 (Fla. 3d DCA 2017) (“We affirm because the trial court’s findings are supported by competent, substantial evidence.”); Star Fruit Co. v. Eagle Lake Growers, 33 So. 2d 858, 860 (Fla. 1948) (“The gist of a conversion has been declared to be not the acquisition of the property of the wrongdoer, but the wrongful deprivation of a person of property to the possession of which he is entitled. A conversion consists of an act in derogation of the plaintiff’s possessory rights, and any wrongful exercise or assumption of authority over another's goods, depriving him of the possession, permanently or for an indefinite time, is a conversion.”); Senfeld v. Bank of Nova Scotia Tr. Co. (Cayman) Ltd., 450 So. 2d 1157, 1161 (Fla. 3d DCA 1984) (“Where a person having a right to possession of property makes demand for its return and the property is not relinquished, a conversion has occurred. But while a demand and refusal constitute evidence that a conversion has occurred, it is unnecessary to prove a demand and refusal where the conversion can be otherwise shown.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Star Fruit Co. v. Eagle Lake Growers, Inc., 160 Fla. 130 (Fla. 1948)
- Skylight Corp. v. State, 450 So. 2d 1157 (Fla. 2d DCA 1984)
- Flatirons Bank v. The Alan W. Steinberg Ltd. P'ship, 233 So. 3d 1207 (Fla. 3d DCA 2017)