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

District Court of Appeal of Florida

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

707 So. 2d 416, 1998 Fla. App. LEXIS 2919, 1998 WL 130078

CourtDistrict Court of Appeal of Florida

DecidedMarch 25, 1998

DocketNo. 97-0517

StatusPublished

Cited by2 cases

This text of 707 So. 2d 416 (W.C.P.S. of Florida, Inc. v. Standard Brands of America) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W.C.P.S. of Florida, Inc. v. Standard Brands of America, 707 So. 2d 416, 1998 Fla. App. LEXIS 2919, 1998 WL 130078 (Fla. Ct. App. 1998).

Pincite

Opinion

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

707 So. 2d 416, 1998 Fla. App. LEXIS 2919, 1998 WL 130078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wcps-of-florida-inc-v-standard-brands-of-america-fladistctapp-1998.

Opinion

Related

Cite This Page — Counsel Stack