Florida District Courts of Appeal, 1998

W.C.P.S. of Florida, Inc. v. Standard Brands of America

Florida District Courts of Appeal · Decided March 25, 1998 · Gross, Klein, Polen

707 So. 2d 416; 1998 Fla. App. LEXIS 2919; 1998 WL 130078 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Gasparini v. Pordomingo (Fla. Dist. Ct. App. 2008)
SUMMIT TOWERS CONDOMINIUM ASS'N INC. v. Coren (Fla. Dist. Ct. App. 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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