Accent Homes, Inc. v. Narco Realty, Inc.
Accent Homes, Inc. v. Narco Realty, Inc.
Opinion of the Court
The appellants sufficiently allege within the four corners of their second amended complaint the elements for fraud, misrepresentation, civil conspiracy and RICO violations. Accordingly, confining our attention to the face of the complaint, this court reverses the trial court’s action dismissing counts one, two, three, four and seven. See §§ 772.103, 772.104, Fla.Stat.; A.S.J. Drugs, Inc. v. Berkowitz, 459 So.2d 348 (Fla. 4th DCA 1984); Donofrio v. Ma-
We find no error by the trial court in its dismissal of the appellants’ alter ego claim against appellee, National Development Corporation, based upon Dania Jai-Alai Palace, Inc. v. Sykes, 450 So.2d 1114 (Fla. 1984) and Steinhardt v. Banks, 511 So.2d 336 (Fla. 4th DCA), rev. denied, 518 So.2d 1273 (Fla. 1987). We also affirm the trial court’s order dismissing the civil theft count since the existence of a contractual relationship precludes a civil theft action in the absence of a conversion. See Rosen v. Marlin, 486 So.2d 623 (Fla. 3d DCA), rev. denied, 494 So.2d 1151 (Fla. 1986). Cf. O’Donnell v. Arcoiries, Inc., 561 So.2d 344 (Fla. 4th DCA 1990); Masvidal v. Ochoa, 505 So.2d 555 (Fla. 3d DCA 1987); Nova Flight Center, Inc. v. Viega, 554 So.2d 626 (Fla. 5th DCA 1989); Russo v. Heil Constr., Inc., 549 So.2d 676 (Fla. 5th DCA 1989).
Concurring in Part
concurring in part and dissenting in part.
I do not agree with the majority’s reversal of counts five, six or seven.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.