W.C.P.S. of Florida, Inc. v. Standard Brands of America
Florida District Courts of Appeal
W.C.P.S. of Florida, Inc. v. Standard Brands of America, 707 So. 2d 416 (1998)
1998 Fla. App. LEXIS 2919; 1998 WL 130078
Gross, Klein, Polen
W.C.P.S. of Florida, Inc. v. Standard Brands of America
Opinion of the Court
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).
Reference
- Full Case Name
- W.C.P.S. OF FLORIDA, INC., a Florida corporation v. STANDARD BRANDS OF AMERICA, Edward H. McCluskey, Edward V. McCluskey, Matthew J. Cohen, and Derek J. McCluskey
- Cited By
- 2 cases
- Status
- Published