Difference Between Conversion and Civil Theft

A recent case discusses the distinction between a conversion claim and a civil theft claim. Guess what? It’s a minor distinction, but one with a huge difference. In Batista v. Rodriguez, 49 Fla.L.Weekly D1099a (Fla. 3d DCA 2024), the allegations were that people wrongfully received checks from a woman’s bank account. These checks were the result of people taking advantage and exerting undue influence over the woman. A letter was sent demanding a return of the money and the money was not returned. The woman was found to be incapacitated and the woman’s guardian filed a lawsuit for conversion and civil...

21 May

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Measure of Tort Damages in Civil Disputes

Posted by David Adelstein

in Appeal, Trial Perspectives

If you are filing a civil action, your case is generally about, and should generally be about, recovering damages. Sure, there may be exceptions where a party is seeking injunctive relief or a declaration, but mostly, civil disputes concern a party seeking monetary damages. When it comes to civil tort actions, remember this when it comes to the measure of damages: “In tort actions, the measure of damages [awarded] seeks to restore the victim to the position he would be in had the wrong not been committed.” Hollywood Imports Limited, Inc. v. Nationwide Financial Services, LLC, 48 Fla.L.Weekly D915a (Fla. 4th...