CopyCited 58 times | Published | Court of Appeals for the Eleventh Circuit | 79 U.S.P.Q. 2d (BNA) 1768, 34 Media L. Rep. (BNA) 2118, 2006 U.S. App. LEXIS 17989, 2006 WL 1984448
....com, Inc.
(“Amazon”) for displaying her image on its websites in furtherance of its sale of
the book Anjos Proibidos. Almeida asserted claims against Amazon pursuant to
Fla. Stat. §
540.08 (West 2006), for civil theft pursuant to Fla. Stat. §
772.11
(West 2006), and under Florida’s common law doctrine of invasion of privacy.
The district court granted summary judgment in favor of Amazon as to all of
Almeida’s claims....
...§ 772.011, to which Amazon
apparently did not respond.
On November 14, 2003, Almeida filed suit in Miami-Dade County, Florida
asserting claims under: (1) the right of publicity statute, Fla. Stat. §
540.08; (2) the
civil theft statute, Fla. Stat. §
772.11; and (3) the Florida common law invasion of
privacy doctrine....
...show by “clear and convincing evidence” an injury caused by the defendant’s
21
violation of one or more of the provisions of the criminal theft laws found in Fla.
Stat. §§
812.012-037 (West 2006). Fla. Stat. §
772.11; see Palmer v....
...Accordingly, we affirm the district court’s decision denying Almeida’s civil
theft claim on summary judgment.
2. Attorney’s Fees
Next, the court reviews the district court’s award of attorney’s fees to
Amazon on the civil theft claim. Section
772.11 of the civil theft statute provides
that “[t]he defendant is entitled to recover reasonable attorney’s fees and court
costs . . . upon a finding that the claimant raised a claim that was without
substantial fact or legal support.” Fla. Stat. §
772.11; see Ciaramello v. D’Ambra,
613 So. 2d 1324, 1325 (Fla. Dist. Ct. App. 1991) (interpreting the legislature’s
intent in wording section
772.11 “to discourage civil theft claims lacking either
legal or factual substance by setting a less stringent standard for a fee award than
[a] bad faith standard”)....
CopyCited 39 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 447, 1995 Fla. LEXIS 1417, 1995 WL 511416
...The trial court adjudicated Cohen guilty, ordered him to pay $3000 in restitution and sentenced Cohen to one day in jail with credit for time served. Subsequently, Starr Tyme brought a civil suit for conversion, breach of fiduciary duty, unauthorized use of a credit card and civil theft under section 772.11, Florida Statutes (1991)....
...Starr Tyme, therefore, was entitled to use section
772.14 to *1069 establish actual damages of $299.99 in its civil theft claim. However, Starr Tyme had the burden of proving actual damages in a greater amount by clear and convincing evidence and Cohen could defend against a greater claim. §
772.11 (civil theft claim must be proven by clear and convincing evidence)....
...Likewise, the matters addressed in Cohen's counter-claim were not decided in the prior action and therefore Cohen was not precluded from pursuing that claim. Thus, on remand, Starr Tyme is entitled to judgment in the amount of $899.97 (three times the actual damages established in the criminal proceedings). § 772.11....
...NOTES [1] Section
775.089(8) provides that a conviction of an offense giving rise to an order of restitution shall estop the defendant from denying the essential allegations of that offense in any subsequent civil proceeding. [2] We have jurisdiction pursuant to Art. V, § 3(b)(4), Fla. Const. [3] Section
772.11, Florida Statutes (1991), provides in pertinent part: Civil remedy for theft Any person who proves by clear and convincing evidence that he has been injured in any fashion by reason of any violation of the provisions of ss....
CopyCited 28 times | Published | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 12752, 1991 WL 273700
...mutual benefits to be derived, each from the other, the parties hereto agree as follows: Maniaci shall pay to Casa Mia five (5%) percent of gross sales; as hereinafter defined, realized from the store. [4] §
559.80, et seq., Fla. Stat. (1983). [5] §
772.11, Fla....
CopyCited 27 times | Published | Florida 5th District Court of Appeal | 1994 WL 277906
...Plaintiffs are entitled to recover from the Defendants three times the value of the personal property taken by the Defendants herein. The trial court granted summary judgment to the Adamses on this count because the complaint failed to allege that Seymour had made a written demand for $200 or treble damages, as required by section 772.11, Florida Statutes (1989) and the complaint failed to sufficiently allege the state of mind required to establish civil theft....
...Tinwood N.V. v. Sun Banks, Inc.,
570 So.2d 955 (Fla. 5th DCA 1990), disapproved of on other grounds, State v. Lucas,
600 So.2d 1093 (Fla. 1992). The allegations contained in Seymour's complaint appear sufficient to state a claim for civil theft under section
772.11 based on a violation of section
812.014, Florida Statutes (1989)....
...the property to their own use. The current state of this record will not support a summary judgment in favor of the Adamses on this issue. The lower court was correct that Seymour failed to allege that he had complied with the demand requirements of section 772.11, Florida Statutes (1989); however, this failure did not support entry of summary final judgment....
...s due, or accumulates. [8] Count II appears to be a defective duplicate of Count I, and we see no error in the lower court's disposition of it. [9] Although there appear to be no Florida cases on the failure to comply with the demand requirements of section 772.11, the supreme court has indicated in an analogous context that the failure to comply with pre-suit notice requirements should not result in dismissal of a complaint unless notice cannot be given within the limitation period....
CopyCited 26 times | Published | District Court, S.D. Florida | 2006 U.S. Dist. LEXIS 98760, 66 Fed. R. Serv. 3d 692, 2006 WL 1495222
...ture's intent to exclude other potential remedies, including nominal damages. It is clear that there are instances in which the Florida legislature will specifically provide for the award of "nominal damages" in other contexts. See, e.g., Fla. Stat. § 772.11 (providing that victim of theft may state a claim for "minimum damages in the amount of $200"); Fla....
CopyCited 23 times | Published | District Court, M.D. Florida | 2003 U.S. Dist. LEXIS 19948, 17 Fla. L. Weekly Fed. D 1
...against Bailey alleging causes of action for conversion (Count I) and civil theft (Count II). [11] The count alleging conversion included a claim for punitive damages. [12] The count alleging civil theft sought treble damages pursuant to Fla. Stat. § 772.11(1)....
...1567, 1575 (M.D.Fla.1996); Florida Standard Jury Instructions,
720 So.2d 1077, 1078 (Fla.1998). Upon such a showing, a plaintiff is entitled to threefold the actual damages sustained in addition to reasonable attorney's fees and court costs in the trial and appellate courts. See Fla. Stat. §
772.11(1)....
...§
775.083, defendants convicted of theft may be sentenced to pay a fine of $10,000. [44] "The existence of a criminal penalty does have bearing on the seriousness with which a State views the wrongful action." Campbell, 538 U.S. at ___,
123 S.Ct. at 1526. Second, pursuant to Fla. Stat. §
772.11(1), defendants found civilly liable for theft are subject to an award of threefold the actual damages sustained by the victim. [45] Given the fact that the Government's actual damages ($2,000,000) were trebled ($6,000,000) pursuant to Fla. Stat. §
772.11(1), it is axiomatic that this prong of the Supreme Court's due process test weighs in favor of upholding the jury's $3,000,000 punitive damage award....
...775.083... Florida Statute §
775.083 provides, in pertinent part, that "[f]ines for designated crimes and for noncriminal violations" shall not exceed "$10,000 when the conviction is of a felony of the first or second degree." [45] Florida Statute §
772.11(1), the civil section granting private parties a cause of action against defendants for violations of the criminal law proscribing theft, provides, in pertinent part: Any person who proves by clear and convincing evidence that he or she has been injured ... by reason of any violation of [§
812.014] has a cause of action for threefold the actual damages ... and ... is entitled to ... reasonable attorney's fees and court costs in the trial and appellate courts. Fla. Stat. §
772.11(1)....
CopyCited 22 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 32659, 2007 WL 1303035
...int is due to be denied. 4. Claim For Civil Theft Without citation to any supporting case law, Defendants argue that Plaintiff has failed to state a claim for civil theft in Count IV of the Complaint because Florida's civil theft statute, Fla. Stat. § 772.11, does not apply to the allegations in the Complaint....
...Thus, Defendants contend the theft of a trade secret is not an enumerated crime for which the legislature has provided a civil remedy. In the absence of such, Defendants surmise, there is no claim under the statute. A review of the history of the civil theft statute discloses that prior to its amendment in 1999, §
772.11 included §
812.081 as an enumerated crime for which a civil remedy applied. [72] The current version of *910 §
772.11 which is applicable to this case now includes in the list of enumerated crimes "any violation of §§ ....
...Florida Deceptive And Unfair Trade Practices Act ("FDUTPA")); Stallings v. Kennedy Electric, Inc.,
710 So.2d 195 (Fla.Dist.Ct.App.1998)(economic loss rule does not limit claims under Fla. Stat. §
553.84). [71] Fla. Stat. §
812.081. [72] Fla. Stat. §
772.11 (1988)....
CopyCited 21 times | Published | District Court, S.D. Florida | 16 U.S.P.Q. 2d (BNA) 1626, 1990 U.S. Dist. LEXIS 5852, 1990 WL 63031
...Federal Rule of Civil Procedure 9(b); four, failure to join an indispensable party; five, Statute of Frauds; six, insufficient pleading of fraud claim; seven, insufficient pleading of civil theft; and, eight, failure to comply with Florida Statutes § 772.11....
...therefore withstood motion to dismiss on preemption grounds). Therefore, defendant's motion to dismiss plaintiff's claim for fraud on preemption grounds is denied. 2. Count IICivil Theft Plaintiff's claim for civil theft, under Florida Statutes §§
772.11 and
812.014, presents a different scenario....
...inst co-authors. First, civil theft causes of action do not contain the same elements as copyright causes of action. Scienter is an issue in both civil and criminal theft, and in criminal enforcement of copyright infringement, see, e.g., Fla.Stat. §§
772.11,
812.014; 17 U.S.C....
...See Community for Creative Non-Violence v. Reid,
846 F.2d 1485, 1498 (D.C.Cir.1988), aff'd on other grds., ___ U.S. ___,
109 S.Ct. 2166,
104 L.Ed.2d 811 (1989). The motion to dismiss on this point is denied. H. FAILURE TO PLEAD COMPLIANCE WITH FLORIDA STATUTES §
772.11 Defendant points out and plaintiff admits that plaintiff has failed to meet the pleading requirements of Florida Statutes §
772.11 (1989), which provides that before an action for civil theft is filed the plaintiff must make written demand for payment upon the defendant, and allow 30 days for payment....
...Accordingly, after careful review, the court ORDERS and ADJUDGES that defendant's motion to dismiss the complaint is DENIED on all grounds, except that the court dismisses Count II with leave to amend and refile after plaintiff has complied with Florida Statutes § 772.11 (1989)....
CopyCited 19 times | Published | District Court, S.D. Florida | 1994 U.S. Dist. LEXIS 21006, 1994 WL 906737
...812.012-812.037 has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney's fees and court costs in the trial and appellate courts. Fla.Stat.Ann. § 772.11 (West Supp.1994)....
...o. v. Shipman,
411 F.2d 365, 374-375 (5th Cir.1969)). The charge of civil theft should be decided by *562 a jury properly apprised of the elements of the tort. [8] VI. ATTORNEY'S FEES Provident has moved for attorney's fees pursuant to Fla.Stat.Ann. §
772.11 (West Supp.1994), which permits the recovery of attorney's fees by a party who successfully prosecutes an action for civil theft....
...nterclaim for unjust enrichment and civil theft. Accordingly, parts 2, 3, and 4 of the Final Judgment, entered on November 23, 1993, are hereby VACATED. After Provident has made a demand for $200.00 or treble damages in compliance with Fla.Stat.Ann. § 772.11 (West Supp.1994), it shall notify the Court, and a new trial shall be set on the unjust enrichment and civil theft claims....
...ved...."
453 U.S. at 256,
101 S.Ct. at 2754. [7] For example, Dr. Novak testified that he changed billing practices (Trial Transcript at 248), and that he did so with Dr. Ames's support (Trial Transcript at 253). [8] As a final matter, Fla.Stat.Ann. §
772.11 (West Supp.1994) requires plaintiffs to make a written demand for $200.00 or treble damages prior to filing a claim for civil theft. Dr. Ames asserts that Provident has failed to comply with §
772.11, and that JNOV is therefore appropriate....
CopyCited 18 times | Published | District Court, M.D. Florida | 2006 U.S. Dist. LEXIS 10667, 2006 WL 485117
...Further, the economic harm, if any, resulting in the removal of Fly from the Dover Air Force Base will presumably be felt in plaintiffs' overall business operations, which were located in Florida at the time of the purported incident. [8] b. civil theft Section
772.11, Florida Statutes, requires a showing of "felonious intent" in order to hold a party liable for civil theft. Lewis v. Heartsong, Inc.,
559 So.2d 453, *1341 454 (Fla. 1st DCA 1990) (citations omitted). The statute also requires a party bringing a claim for civil theft to make a written demand of the other party prior to initiation of suit. Fla. Stat. §
772.11....
CopyCited 17 times | Published | Florida 1st District Court of Appeal | 1989 WL 106760
...Such person shall also recover court costs and reasonable attorneys' fees in the trial and appellate courts. [emphasis added] Effective October 1, 1986, that section was amended to limit the treble damages to the State or its agencies, etc., but at the same time Section
772.11, Florida Statutes, was amended to provide individual claimants with the remedy of treble damages which the new Section
812.035(7) deleted....
...therefore the treble damages were available under the prior version of Section
812.035(7). It should also be noted, however, that after 1984, individuals cannot recover both punitive damages and treble damages pursuant *874 to Section
812.035(7) or Section
772.11, Florida Statutes....
CopyCited 17 times | Published | District Court, M.D. Florida | 1996 U.S. Dist. LEXIS 14792, 1996 WL 566888
...In Florida, "[a]ny person who proves by clear and convincing evidence that he has been injured in any fashion by reason of any violation of [the Florida Anti-Fencing Act, Fla.Stat. §
812.012-.037] has a cause of action for threefold the actual damages sustained. ..." Fla.Stat. §
772.11 (1995)....
CopyCited 17 times | Published | District Court, S.D. Florida | 1992 U.S. Dist. LEXIS 20856, 1992 WL 443758
...orrupt Organizations Act: 18 U.S.C. § 1962 et seq. ("Federal RICO"); Florida Civil Remedies for Criminal Practices Act: Fla.Stat. §
772.103 et seq., ("Florida RICO"); Florida Civil Remedies for Criminal Practices, Civil Remedy for Theft: Fla.Stat. §
772.11 and
812.014, ("civil theft"); breach of contract and fraud....
CopyCited 17 times | Published | Florida 4th District Court of Appeal | 2000 WL 1224835
...st favorable to the non-movant. See Collins v. School Bd. of Broward County,
471 So.2d 560 (Fla. 4th DCA 1985). In order to establish an action for civil theft, the claimant must prove the statutory elements of theft, as well as criminal intent. See §
772.11, Fla....
CopyCited 15 times | Published | Florida 4th District Court of Appeal | 1993 WL 174878
...d (interpled) there was no legal basis to assess damages, and as a result, no cause of action could exist. This argument fails to recognize that nominal damages are available in conversion actions, and treble damages are allowed for civil theft. See § 772.11, Fla....
CopyCited 15 times | Published | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 8143, 2002 WL 1231929
...No Appearance for Appellee, Mitchell International, Inc. GRIFFIN, J. This is an appeal and cross-appeal arising out of the judgment of the lower court that Mitchell International, Inc. ["Mitchell"] committed an act of civil theft of monies belonging to Florida Desk, Inc. ["Florida Desk"]. See § 772.11, Fla....
CopyCited 15 times | Published | District Court, S.D. Florida | 2002 U.S. Dist. LEXIS 25452, 2002 WL 31966573
...Cross-Appeal: The Bankruptcy Court's Dismissal of the Civil Theft Claim On cross-appeal, Dunn argues that the Bankruptcy Court's findings in this case establish, against a clear and convincing standard of proof, that Arwood is liable for civil theft under Fla. Stat. § 772.11....
...Thorpe,
824 F.2d 897, 902 (11th Cir.1987), in which the court concluded that where defendants accepted plaintiff's money and "fraudulently used the offer of a contract as a ruse to obtain Rosenthal Toyota's funds," the jury's finding of civil theft under Florida's civil theft statute was proper. Florida Statutes §
772.11, Civil Remedy for Theft, provides that: "Any person who proves by clear and convincing evidence that he has been injured in any fashion by reason of any violation of the provisions of ss....
...812.012-812.037 has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney's fees and court costs in the trial and appellate courts." Fla. Stat. § 772.11....
...551, 560 (S.D.Fla.1994) ("The instruction given also failed to include any mention of the state of mind required for civil theft. The intent necessary for larceny is animus furandi, which means intent to steal, or felonious intent."). Florida Statutes §
812.014 defines theft for purposes of Fla. Stat. §
772.11 as follows: "A person commits theft if he or she knowingly obtains or uses ....
CopyCited 14 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302
...In requiring that the amount of damages be established by clear and convincing evidence, the committee has given effect to Starr Tyme, Inc. v. Cohen,
659 So.2d 1064 (Fla.1995), and Haddad v. Cura,
674 So.2d 168 (Fla. 3d DCA 1996), because they are the only decisions addressing the issue. 2. Under the provisions of F.S.
772.11, plaintiff may recover, upon proper proof, three times the actual damages sustained, or a minimum of $200.00, and reasonable attorney's fees....
CopyCited 13 times | Published | District Court, M.D. Florida | 1990 U.S. Dist. LEXIS 1788, 52 Fair Empl. Prac. Cas. (BNA) 321, 1989 WL 168998
...n in violation of Title VII of the Civil Rights Act of 1964, 6) violation of §
542.18 of Florida's Antitrust Act, 7) violation of §
542.19 of Florida's Antitrust Law, 8) violation of Florida Statute Section
772.104, 9) violation of Florida Statute Section
772.11, 10) tortious interference with a business relationship, and 11) breach of contract....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 1991 WL 494159
...As Corrected on Limited Grant of Rehearing and Clarification December 16, 1991. Steven G. Nilsson, Clearwater, for appellants. Thomas D. Shults of Shults & Pomeroy, P.A., Sarasota, for appellees. SCHEB, Judge. We write primarily to explain that in determining entitlement to attorney's fees under section
772.11, Florida Statutes (1989), courts are guided by different standards than those applicable to section
57.105, Florida Statutes (1989)....
...property which had been jointly titled in the names of the decedent and Gladys D'Ambra, one of his daughters. Counts I and II sought declaratory relief; count III sought treble damages, based on the allegations of a claim for civil theft founded on section 772.11....
...The trial court dismissed count III with prejudice. [1] Thereafter, the court found that "Plaintiffs' `civil theft' claim lacked substantial legal or factual support and, accordingly, the Defendants are entitled to an award of attorneys' fees ... pursuant to section 772.11." The appellants now challenge the entry of the final judgment which awarded the appellees attorney's fees....
...We find no merit to the appellants' contention that the trial court erred in finding that count III raised a claim which was without substantial fact or legal support, thereby subjecting them to liability for attorney's fees. Specifically, we reject the appellants' claims that section
772.11 should be construed in pari materia with *1325 section
57.105(1). The appellants submit that section
772.11, Florida Statutes (1989), requires a lack of substantial support as to both the facts and the law to authorize an award of attorney's fees....
...It follows that it is necessary that the court make that determination as to "the entire action, not merely a portion thereof." Barber v. Oakhills Estates Partnership,
583 So.2d 1114 (Fla. 2d DCA 1991); Wood v. Price,
546 So.2d 88 (Fla. 2d DCA 1989), rev. denied,
553 So.2d 1166 (Fla. 1989). In contrast, section
772.11 provides a civil remedy for theft....
...ch authorize an attorney's fees award are in derogation of the common law, and therefore, must be strictly construed. Kittel v. Kittel,
210 So.2d 1 (Fla. 1967). In light of this established principle, we interpret the legislature's intent in wording section
772.11 was to discourage civil theft claims lacking either legal or factual substance by setting a less stringent standard for a fee award than the bad faith standard of section
57.105....
...t properly awarded the defendant attorney's fees. It was unnecessary for the court to find a complete absence of legal and factual support for the appellants' civil theft claim. [2] Section
57.105(1) focuses on non-meritorious litigation in general. Section
772.11, on the other hand, focuses specifically on civil theft claims and allows a defendant to recover attorney's fees for claims "without substantial fact or legal support"....
...Accordingly, we think logic and sound public policy dictate that the appellees recover attorney's fees. We affirm the judgment awarding attorney's fees. We grant the appellees' motion for attorney's fees on appeal, and remand for determination of a reasonable fee. §§
772.11,
59.46 Fla....
CopyCited 12 times | Published | District Court, S.D. Florida | 1990 A.M.C. 85, 1989 U.S. Dist. LEXIS 18942, 1989 WL 49223
...Therefore, since there is no dispute as to any material fact, Defendant M/V DISCOVERY I is entitled to judgment as a matter of law. B. In Personam Claim The in personam claim brought against BAJAMAR is based upon the alleged conversion of the radio equipment. In Florida, the law of conversion is codified in §
772.11 of the Florida Statutes which provides a civil remedy for theft. Section
772.11 refers to §
812.014 for its controlling definition of theft....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 1995 WL 15532
...lease agreement rather than a sales agreement and that he was deprived of his trade-in from his own vehicle. Appellees' objection to appellant's count for civil theft rests on their contention that appellant did not adequately plead compliance with section 772.11, Florida Statutes, nor did he append the required written demand to his complaint....
CopyCited 11 times | Published | District Court, S.D. Florida | 1994 U.S. Dist. LEXIS 13414, 1994 WL 515910
...ans Florida of any money. Accordingly, judgment shall be entered for Defendant Mercedes on the Plaintiff's claim for conversion. D. COUNTS XII AND XXII: CIVIL THEFT AGAINST ALEXANDER ECHEVARRIA AND GUIDO ECHEVARRIA The civil theft statute, Fla.Stat. § 772.11, provides a civil remedy for violations of the criminal theft statute, Fla.Stat....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 22 Fla. L. Weekly Fed. D 325
...e and any profits upon resale. IV. CIVIL THEFT Nerbonne alleged a claim for civil theft pursuant to section
812.014(1), the criminal theft statute. All parties agree that *326 Nerbonne should have cited to the treble damages for civil theft statute, section
772.11....
CopyCited 11 times | Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 20566, 1993 WL 282932
...est. Stack refused and this lawsuit followed. B. Procedure 16 Denson's suit against Stack sought specific performance or, alternatively, monetary damages for breach of contract. Denson also sought damages under the civil theft statute. Fla.Stat.Ann. § 772.11 (West Supp.1990)....
...Likewise, the Florida civil theft statute, the basis for Count III of Denson's complaint, provided that a defendant is entitled to reasonable attorney's fees and costs if the claim against him is without substantial factual or legal support. Fla.Stat.Ann. § 772.11....
...o the district court to determine the amount of attorney's fees and costs to which Denson is entitled and to award same. 33 We next consider the award of attorney's fees and costs under the civil theft statute. The civil theft statute, Fla.Stat.Ann. § 772.11, provides a civil remedy for violations of the criminal theft statute, Fla.Stat.Ann....
...entitled thereto. 37 Id. at §
812.014. 38 Under the terms of the civil statute, the district court was required to find that Denson's claim was without substantial factual or legal support before awarding attorney's fees and costs to Stack. Id. at §
772.11....
CopyCited 10 times | Published | United States Bankruptcy Court, M.D. Florida | 13 Fla. L. Weekly Fed. B 90, 2000 Bankr. LEXIS 30, 35 Bankr. Ct. Dec. (CRR) 143, 2000 WL 92285
...Based on the foregoing, ProSports has sufficiently proven by a preponderance of the evidence that this amount is nondischargeable pursuant to § 523(a)(6). The Court now turns to ProSports' treble damage claim for civil theft. III. Florida Statute § 772.11, Civil remedy for theft Section 772.11 provides, in pertinent part: Any person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of the provisions of ss....
...812.012-812.037 has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney's fees and court costs in the trial and appellate courts. FLA. STAT. ANN. § 772.11 (West 1999) (emphasis added)....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1993 WL 462019
...ion up to and including termination; and third, Clifford was told he could execute a "loss prevention citation" which required reimbursement for the goods taken plus an additional $200.00 which purportedly was a form of civil restitution pursuant to section 772.11, Florida Statutes (1991)....
...the act, and lead him to exclaim, "Outrageous!" See also Metropolitan Life Ins. Co. v. McCarson,
467 So.2d 277 (Fla. 1985). In the instant case, Clifford concedes that Food Lion and Walker had the right to pursue civil damages for theft pursuant to section
772.11, Florida Statutes (1991)....
CopyCited 9 times | Published | District Court, M.D. Florida
...Florida has provided a civil cause of action for persons injured by theft, which carries a penalty of "threefold the actual damages sustained...minimum damages in the amount of $200, and reasonable attorney's fees and court costs in the trial and appellate courts." *1145 Fla. Stat. § 772.11 ....
...2013). What matters here is David and ACI's conduct. Allegations on that subject are strong enough to confer standing. Second, Defendants argue Count 4 should be dismissed because Plaintiffs failed to provide a written demand to George. Florida Statute 772.11 requires that "[b]efore filing an action for damages under this section, the person claiming injury must make a written demand for $200 or the treble damage amount of the person liable for damages under this section." Id....
...to ACI's bank account. (Doc. 49-1 at 145-46). Plaintiffs claim they also provided sufficient notice to George because he was an owner of ACI and therefore he also had notice of the demand for return of the checks. But the language of Florida Statute 772.11 is clear....
...To the extent Count 1 alleges a violation of 18 U.S.C. § 1962 (b), it is DISMISSED without prejudice . 3. Defendants have fourteen (14) days to answer or otherwise respond to this action. 4. Plaintiffs must serve a demand on George Albertelli under Florida Statute 772.11 within ten (10) days of this Order....
CopyCited 9 times | Published | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 1805, 2010 WL 111492
...intiff can overcome the privilege by proving express malice or malice in fact"; citing Pledger). Citing Echevarria and Pledger, the Palmer Law Firm asserts that an absolute litigation privilege applies to its demand letters. The firm points out that § 772.11(1) requires a demand letter as a condition precedent to filing suit to recover civil theft damages....
...CO claims based on the content of the letters cannot be sustained. But Echevarria and Pledger do not stand for the proposition that the Palmer Law Firm is automatically entitled to absolute immunity with regard to its demand letters. It is true that § 772.11(1) requires written notice prior to initiating a civil theft recovery action, which at first blush suggests absolute immunity because the letters were sent as required by statute....
...ity of litigation services but only pursuant to a separate agreement, we conclude that Plaintiffs have sufficiently raised a question of fact as to whether the demand letters were truly intended as a condition precedent to filing suit as required by § 772.11(1), i.e., whether they were necessarily preliminary to judicial proceedings, or, as Plaintiffs argue, whether they were sent merely as a "scare tactic." We find, as did the court in Pledger, that there is conflicting evidence in this record...
...The case had nothing substantively to do with the release of legal claims for money or whether such *1375 activity constituted "trade or commerce" under New York's deceptive trade practices law. In any event, we do not agree with Plaintiffs that the Palmer Law Firm's pursuit of civil theft remedies under § 772.11 falls within the meaning of "trade or commerce" such that the firm could be subject to liability under FDUTPA....
...t receive a benefit to which it was not entitled. It is the firm's position that Plaintiffs Simon and Baum voluntarily settled tort claims for which they owed damages to the firm's retail clients pursuant to Florida's civil theft statute, Fla. Stat. § 772.11. The firm explains that the demand letters were sent pursuant to the procedure outlined in § 772.11(1), which requires written notice before a party can file a lawsuit under this statute. Plaintiffs thereafter made payment to the firm and in exchange, received written releases from further liability or obligation to the retail clients, as required by § 772.11(1). The firm says it did not collect anything more than what this statute authorizes and no more than that which it was statutorily entitled to receive. [D.E. 165 at 19-20]. Plaintiffs counter that the pre-suit notice requirement of § 772.11(1) does not "immunize" the Palmer Law Firm "from liability for its abusive conduct in its civil recovery `practice.'" [D.E....
...equitable claim, nor where it was due in honor and conscience.'" (quoting Braxton )). The firm asserts that Plaintiffs received, in exchange for settlement funds, releases of tort claims against them by the firm's retail clients, as contemplated by § 772.11(1)....
...r Fifth Circuit Court of Appeals decided prior to October 1, 1981. [18] Plaintiffs focus on the allegedly deceptive civil recovery practices employed by the Palmer Law Firm but do not claim the amount of money Simon and Baum paid was excessive under § 772.11(1)....
...Plaintiff Baum's daughter was charged with misdemeanor petty theft at Macy's; after completing community service hours, the charges were dropped. [D.E. 165-5 at 11, 18, 20-22]. Given the record, neither of these Plaintiffs can legitimately claim that there was no possible basis for recovery under § 772.11, which contemplates civil recovery for attempted shoplifting. See § 772.11(1) ("Any person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of ss....
...no relation to the amount of work performed [D.E. 192 at 9 ¶ 22], Plaintiffs Simon and Baum have not shown that they paid an excessive amount of attorney's fees. In fact, it appears that Baum paid exactly the minimum damages amount contemplated by § 772.11(1) ($200), and no more....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 1270, 2009 WL 383631
...mstances be such that it would be inequitable for Moynet to retain the benefits received from the Courtois. Turning to count two of the complaint, the Courtois attempted to allege a cause of action for civil theft. The claim was asserted pursuant to section 772.11, Florida Statutes (2001)....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1991 WL 263242
...made it into a criminal case." To obtain treble damages for civil theft, Shuler had the burden of proving "by clear and convincing evidence that [it had] been injured in any fashion by reason of any violation of the provisions of ss.
812.012-812.037," which statutes prohibit theft and dealing in stolen property. §
772.11, Fla....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1994 WL 101290
...claims against the corporation. We conclude that the evidence did not establish Balcor's liability under the legal theories presented. Appellee brought this action against Balcor alleging conspiracy to commit civil theft and civil theft pursuant to section 772.11, Florida Statutes (1989)....
...f this theft? To maintain a cause of action under the civil theft statute one must have been injured by the defendant's violation of one or more of the provisions of the criminal theft laws found in sections
812.012-037, Florida Statutes (1989). See §
772.11, Fla....
CopyCited 8 times | Published | United States Bankruptcy Court, S.D. Florida. | 1994 Bankr. LEXIS 1157
...Pursuant thereto, it became unnecessary to try the damage issues. However, there remained for ruling the instant motion (since amended) filed by Capital Factors seeking sanctions in the form of attorneys' fees and expenses on Counts II, III, V, and VI, pursuant to Fed.R.Bankr.P. 9011 and § 772.11 of the Florida Statutes....
...gh officers and agents to be false. It should be noted in passing that whether new Rule 11(c)(2) can be applied in light of the mandatory language of Rule 9011 can be briefed by the parties in their further filings. E. Count VI (Fees Under Fla.Stat. § 772.11) Capital Factors also claims an entitlement to recovery of attorneys' fees against General Plastics pursuant to § 772.11 of the Florida Statutes. Count VI of General Plastics' counterclaim (as amended) sought the civil remedy for theft provided in Fla.Stat. § 772.11....
...In awarding attorney's fees under this section, the court shall not consider the ability of the opposing party to pay such fees and costs. Nothing under this section shall be interpreted as limiting any right to recover attorney's fees or costs provided under other provisions of law. Fla.Stat. § 772.11 (1990)....
...Stockman,
573 So.2d at 837 (emphasis added) (footnote omitted). Capital Factors' failure to plead an entitlement to attorneys' fees before filing the instant motion is therefore said to preclude it from now asserting a right of recovery of fees under §
772.11....
...attorney's fees for frivolous or unfounded litigation. In the later holding of Ganz v. HZJ, Inc.,
605 So.2d 871 (Fla.1992), the Florida Supreme Court recognized an exception to Downs for attorney's fees sought under Fla.Stat. §
57.105. Analogous to §
772.11, §
57.105 provides for an award of attorney's fees where there "was a complete absence of a justiciable [sic] issue of either law or fact raised by the complaint or defense of the losing party....
...cause, and, if so, to file an appropriate motion, as here, seeking an entitlement to said attorney's fees under Section
57.105, Florida Statutes (1979). Id. at 872-73. Given the similarity of the statutes, this rationale applies with equal force to §
772.11. Moreover, the facts in Stockman are significant and distinguish that case. Stockman was not a case involving §
772.11 or any other statutory basis for fee award....
...Indeed, when the Florida Supreme Court took up Ganz a year later, it was to consider whether the holding in Stockman required that "entitlement to statutory attorneys' fees pursuant to §
57.105 Florida Statute (1991) be specifically pled." Id.,
605 So.2d at 872. 2. Fees Are Warranted Under §
772.11 The standard of no "substantial factual or legal support" established in this section does not require a finding that the civil theft claim was completely devoid of merit. In distinguishing this statute from the bad faith litigation statute (Fla.Stat. §
57.105), the court in Ciaramello v. D'Ambra,
613 So.2d 1324, review denied,
599 So.2d 654 (Fla.1992), affirmed an award of attorney's fees under §
772.11: . . . [T]he legislature's intent in wording section
772.11 was to discourage civil theft claims lacking either legal or factual substance by setting a less stringent standard for a fee award than the bad faith standard of section
57.105. . . . It was unnecessary for the court to find a complete absence of legal and factual support for the appellants' civil theft claim. Id. at 947. Under this standard and under the wording of §
772.11 itself, it is proper to award fees when the plaintiff does not present substantial evidence to support an essential element of its civil theft claim: By the grant of a directed verdict on the grounds that there was no showing of criminal in...
...ised and proceeded to try a claim which was without any merit, let alone substantial factual or legal support, and thereby imposed unwarranted defense expenses upon Capital Factors. This certainly warrants an award of attorney's fees under Fla.Stat. § 772.11. 3. Fees Under § 772.11 Are Not Recoverable From Counsel Section 772.11 provides that a defendant may be entitled to an award of attorneys' fees, but does not specifically provide for that defendant's recovery of attorneys' fees from the opposing party's law firm or its attorneys....
...Under Florida law, statutes providing for recovery of attorney's fees are in derogation of the common law and must be strictly construed. Roberts v. Carter,
350 So.2d 78 (Fla.1977); Ciaramello v. D'Ambra,
613 So.2d 1324, 1325 (Fla. 2d Dist.Ct.App. 1991). Thus, §
772.11 strongly implies recovery only from a party, not from a party's attorney....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 2003 Fla. App. LEXIS 18718, 2003 WL 22900497
...ount for civil theft of the control panel. Superior Garlic moved to dismiss all counts for failure to state a cause of action. With respect to the civil theft of a trade secret count, Superior Garlic requested an award of attorney's fees pursuant to section 772.11, Florida Statutes (2000)....
...secret. On August 14, 2001, Superior Garlic responded with its answer and counterclaims. On October 4, 2001, Superior Garlic filed its motion for entitlement to attorney's fees as the prevailing party on the civil theft of trade secret count, under section
772.11, Florida Statutes (2000), as well as under section
57.105, Florida Statutes (2000)....
...E & A further claims that none of the orders on appeal state the requisite findings for an award of attorney's fees, and because no statute was cited in the orders or judgment, it is unclear whether the trial court awarded attorney's fees *452 pursuant to sections
772.11 or
57.105....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1994 WL 497991
...As a result of the foregoing, USF has been injured by reason of violations of Sections
812.012,
812.014, and
812.081, Fla. Stats., and is entitled to judgment against Taborsky as provided for under Section
772.14, Fla.Stats., and to damages, attorney's fees and costs as provided for under Section
772.11, Fla.Stats....
CopyCited 7 times | Published | District Court, S.D. Florida | 79 Fed. R. Serv. 3d 781, 2011 U.S. Dist. LEXIS 52256, 2011 WL 1869352
...Plaintiffs have not alleged any facts related to the improper formation or use of any corporations by any of the individual Defendants named in this count. 3. Count V: Civil Theft Florida has created a civil cause of action for victims of theft. Fla. Stat. § 772.11(1)....
...If the person to whom a written demand is made complies with such demand within 30 days after receipt of the demand, that person shall be given a written release from further civil liability for the specific act of theft or exploitation by the person making the written demand. Fla. Stat. § 772.11(1)....
CopyCited 7 times | Published | District Court, S.D. Florida | 2011 U.S. Dist. LEXIS 29244, 2011 WL 893019
...Accordingly, Magnolia has pled the necessary elements for piercing the corporate veil. 3. Conversion CSS argues that Magnolia's counterclaim for conversion fails because Magnolia does not allege that it ever made a demand for the return of the commissions. See Fla. Stat. § 772.11 (setting forth an unmet demand for the return of the property as a requirement for conversion)....
...right to or a benefit from the property or (b) appropriate the property to [defendant]'s own use or to the use of any person not entitled to the property." United Technologies Corp. v. Mazer,
556 F.3d 1260, 1270 (11th Cir.2009) (citing Fla. Stat. §§
772.11,
812.014)....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1992 WL 258
...Therefore, the claim of civil theft was by definition without any factual evidentiary support, let alone substantial fact, because it was missing an essential element of the claim. That other facts may justify recovery on other claims does not vitiate the appellant's entitlement to attorney's fees under section
812.035(7) or section
772.11 which both require only that the appellant prove that the civil theft claim is without substantial factual or legal support....
...If this were an award under section
57.105, the trial court's ruling would be appropriate because that statute requires that the entire action show a complete absence of any justiciable issue. Here, of course, there were justiciable issues. But sections
772.11 and
812.035 are claim specific....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1996 WL 22926
...Count II alleged unjust enrichment by reason of the improvements made to the house by Burr. Count III alleged defamation based on a letter Norris wrote to Burr's attorney accusing Burr of burglarizing the home after Norris had boarded it up. Count IV alleged civil theft under section 772.11, Florida Statutes (1991), and sought treble damages for the value of the labor and material expended by Burr in making the improvements he was forced to leave behind when he moved out of the house....
...The jury rendered a verdict in Burr's favor on the remaining counts for fraud and unjust enrichment. The jury awarded $2,750 for unjust enrichment but zero damages on the fraud finding. Postverdict the trial court denied Burr's claim for prejudgment interest on the unjust enrichment award. Pursuant to section 772.11, Norris successfully sought an attorney's fees reimbursement on his motion for summary judgment on the civil theft claim....
...Burr contends that the summary judgment on his civil theft claim was error. We agree. The trial court concluded that Burr's allegations could not constitute civil theft as a matter of law. Beyond the fact that there were material factual issues in dispute, Burr's claims met the statutory definition of civil theft. Section
772.11 incorporates section
812.012 for the definition of "property" which the statute defines as real property, including things growing on, affixed to and found in the land (§
812.012(3)(a)); intangible personal property, including rights,...
...e improvements by Norris's actions. The trial court improvidently ordered summary judgment on the civil theft count. Based on the fact that Norris prevailed on the civil theft claim under the summary judgment, he was awarded attorney's fees based on section 772.11....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1998 WL 66958
...The statute does not define "actual" damages, but that term suggests such damage must be more than technical or nominal. We also note that the legislature has specifically provided for nominal damages awards in other statutory causes of actions. See, e.g., § 772.11, Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1990 WL 43140
...[1] *455 Here, although erroneously labeled by the pleader as "civil theft," Count II contains sufficient allegations for recovery for conversion. In fact, neither the body of the pleading nor the prayer for relief under Count II mention the civil theft statute, section 772.11, Florida Statutes (Supp....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2004 WL 2002555
...We reverse on this point, as the passage of time cured the problem, and Kendall Toyota did not suffer any harm from the premature filing. Under the civil theft statute, "Before filing an action for damages under this section, the person claiming injury must make a written demand for ... the treble damage amount...." § 772.11, Fla....
...demand, then the recipient is released from further civil liability. Id. In this case, counsel for the agency sent a written demand letter to Kendall Toyota on December 13, 1996. The letter demanded payment of a treble damage sum of $3,069,000 under section 772.11, Florida Statutes....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1999 WL 770781
...numerous pleadings and amendments. The amendments included a claim by Snyder for civil theft against the Estate, alleging that Malvern wrongfully deposited the $122,634.59 check and requesting treble damages in the amount of $367,903.77 pursuant to section 772.11, Florida Statutes (1995)....
...l damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney's fees and court costs in the trial and appellate courts.... In no event shall punitive damages be awarded under this section. § 772.11, Fla....
...690,
50 L.Ed.2d 701 (1977) (stating that treble damage provision of Clayton Act to any person injured in business or property by reason of a violation of antitrust laws is designed primarily as a remedy). Therefore, the Florida Supreme Court's decision in Lohr and its reasoning do not apply to the treble damages provision of section
772.11. Moreover, a conclusion that the treble damages recoverable under section
772.11 are a form of punitive damages flies in the face of the statute itself. The civil theft statute expressly provides that "[i]n no event shall punitive damages be awarded under this section." §
772.11, Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1991 WL 193338
...Nothing contained in this opinion shall be construed as limiting the trial court's own evaluation of the record with respect to the new trial motion. GARRETT and FARMER, JJ., concur. NOTES [1] Section
812.035(7) which previously applied to "any person," now applies only to the state and its agencies. Section
772.11 presently provides for treble damages upon a showing of clear and convincing evidence of an injury....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 6429, 2004 WL 1057687
...aratory Judgment, Usury, first transaction, under section
687.071; Count 3, Declaratory Judgment, Usury, second transaction, under section
687.071; Count 4: Usury, second transaction, under section
687.03; Count 5: Quiet Title; Count 6: Civil Theft, section
772.11; and Count 7: Declaratory Judgment to declare deeds are mortgages or to cancel deeds....
...nto free from the vice of the old, occurs. Carter v. Leon Loan & Finance Co.,
108 Fla. 567,
146 So. 664 (1933). [11] Mohican Valley, Inc. v. MacDonald,
443 So.2d 479 (Fla. 5th DCA 1984) (quiet title may be founded on a written instrument). [12] See, section
772.11; Florida Desk, Inc....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit | 29 U.C.C. Rep. Serv. 2d (West) 905, 1996 U.S. App. LEXIS 11189
...The district court held that Bufman's civil theft claim was related to the Bufman note and granted summary judgment for the FDIC/Receiver. 44 Florida law creates a civil cause of action for violations of certain criminal theft statutes that are proven by a preponderance of the evidence. Fla.Stat.Ann. § 772.11 (Supp.1995)....
...Edgerly,
121 So.2d 417 (Fla.1960) 8 The parties do not argue, and nothing in the records suggests, that the terms of Bufman's contract of deposit were varied by agreement 9 Bufman does not argue that the bank was required by law to give him notice 10 Damages under §
772.11 may be trebled if there is no contractual relationship between the parties....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2000 WL 346147
...nd entered final judgment for appellants, reserving jurisdiction to determine costs and fees. The Bissons appealed the final judgment; this court dismissed the appeal. Thereafter, the court declined to award fees and costs under sections
57.105, and
772.11, Florida Statutes (1997)....
...See Wright v. Caruana,
640 So.2d 197 (Fla. 3d DCA 1994). Based on the foregoing, we reverse the orders denying fees and costs, and remand for further proceedings. Reversed and remanded. NOTES [1] Although appellants are also entitled to fees under section
772.11, Florida Statutes (1997), see Skubal v....
CopyCited 5 times | Published | United States Bankruptcy Court, S.D. Florida. | 17 Fla. L. Weekly Fed. B 107, 2003 Bankr. LEXIS 1937, 42 Bankr. Ct. Dec. (CRR) 176
...property of another with intent to deprive the other person of a right to the property or appropriate it to his or her own use. If the plaintiff is able to demonstrate conduct which rises to the level of civil theft under §
812.014, Fla. Stat. *388 §
772.11 allows for the imposition of attorney's fees and treble damages....
CopyCited 5 times | Published | District Court, S.D. Florida | 2014 U.S. Dist. LEXIS 168036, 2014 WL 6725213
...finds that Plaintiff alleges sufficient factual matter to state a claim for conversion. Accordingly, Defendant Giarla’s 12(b)(6) Motion to Dismiss is DENIED as to Count I of the Amended Complaint. 2. Civil Theft (Count II) According to Fla. Stat. § 772.11 (1), *1381 [a]ny person who proves by clear and convincing evidence, that he or she has been injured in any fashion by reason of any violation of ss....
...825.103(1) has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney’s fees and court costs in the trial and appellate courts. Fla. Stat. § 772.11 (1)....
...unds for [his] own use.” Id. at ¶ 40 . Taking these assertions as true and viewing them in a light most favorable to Plaintiff, the Court finds that Plaintiff has alleged sufficient factual matter to state a claim for civil theft under Fla. Stat. § 772.11 (1)....
CopyCited 5 times | Published | United States Bankruptcy Court, M.D. Florida | 10 Fla. L. Weekly Fed. B 116, 1996 Bankr. LEXIS 1385, 1996 WL 531786
...During Britt's employment at LLM, Britt forged numerous checks on LLM bank accounts appropriating $19,723.02 in funds. By letter dated May 18, 1994, Landis provided Britt with a written demand for payment of funds totalling $59,169.06 pursuant *411 to Florida Statute 772.11....
...Landis' actual damages total $19,723.02. Britt misappropriated the funds for her own use and benefit and with the intent to deprive LLM of the funds. Britt's conduct constitutes embezzlement and is nondischargeable pursuant to 11 U.S.C. § 523(a)(4). Pursuant to Florida Statute 772.11, Landis is entitled to $59,169.06 which is threefold its actual damages, a reasonable attorney's fee, and costs....
...The issues before the Court are: (1) whether Britt's debt to Landis is excepted from discharge pursuant to § 523(a)(2)(A), (a)(4) and (6); and (2) whether Landis is entitled to a final nondischargeable judgment for threefold its actual damages pursuant to Florida Statute 772.11....
...§ 523(a)(4). Although Landis need only prove nondischargeability by a preponderance of the evidence, Landis' proof of embezzlement amounts to clear and convincing evidence. Moreover, Landis is entitled to treble damages pursuant to Florida Statute 772.11. [1] See Fla.Stat.Ann. § 772.11 (West Supp.1995) (providing civil remedy for theft). Landis has complied with the prerequisites of § 772.11....
...To allow discharge of the treble damage award would allow Britt a discharge from damages based on her fraudulent conduct and would run counter to the Bankruptcy Code's fresh start policy. Finally, the Court awards Landis a reasonable attorney's fee and court costs pursuant to § 772.11 of the Florida Statutes. Because Britt's embezzlement is sufficient to except the debt owed to Landis from discharge, the Court need not address §§ 523(a)(2)(A) and (a)(6). Based on the foregoing, the Motion for Summary Judgment is due to be granted. NOTES [1] Section 772.11 provides, in pertinent part: Any person who proves by clear and convincing evidence that he has been injured in any fashion by reason of any violation of the provisions of ss....
...812.012-812.037 has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney's fees and court costs in the trial and appellate courts. Fla.Stat.Ann. § 772.11 (West Supp.1995).
CopyCited 5 times | Published | United States Bankruptcy Court, S.D. Florida. | 2002 Bankr. LEXIS 1823
...more appropriately its "chose in action", consisting of its purported right to recover in the adversary proceeding not only the $2,173,809.00 owed to HUD, but also interest, as well as treble damages under Florida's Civil Theft Law, Florida Statutes § 772.11, and not Kennedy Plaza, is its primary asset....
CopyCited 4 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 109614, 2009 WL 3756365
...s not require adjudication by the court). Restitution was ordered in the amount of $7,910.00. Therefore, Dominguez is estopped from denying the essential allegations of his conviction for grand theft and official misconduct in this civil proceeding. Section
772.11(1), Florida Statutes, provides that "[a]ny person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of [§
812.14, Florida Statutes,] has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to . . . reasonable attorney's fees and court costs." A person claiming injury under this section must make a written demand for treble damages prior to filing the claim. §
772.11(1), Fla....
CopyCited 4 times | Published | United States Bankruptcy Court, M.D. Florida | 14 Fla. L. Weekly Fed. B 107, 2000 Bankr. LEXIS 1663, 2000 WL 1827807
...450 represented the creditor's costs in the state court action. In addition to a determination of the dischargeability of this judgment debt, the plaintiff sought attorney's fees for pursuing the dischargeability proceeding in this court pursuant to Section 772.11, Florida Statutes....
...creditor's] attorney's fees" as the parties had agreed. Id. at 1508. The court, therefore, found that the attorney's fees were an includable component of the plaintiff's damages that were to be non-dischargeable. In this case, the plaintiff asserts Section 772.11, Florida Statutes, as the basis for an award of attorney's fees rather than an underlying contract....
...red on account of such civil theft. This court was therefore not asked to decide any questions of state law under the state civil theft statute. Accordingly, the bankruptcy court does not qualify as a "trial or appellate court" within the meaning of Section 772.11, Florida Statutes....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1998 WL 251087
...The only issue before us at this time is whether the statutory cause of action is defeated by the economic loss doctrine. [14] Contributing to the confusion in this area of the law, cases can be found which have applied the economic loss doctrine to bar recovery under the statutory cause of action for civil theft, section 772.11, Florida Statutes....
CopyCited 4 times | Published | United States Bankruptcy Court, M.D. Florida | 12 Fla. L. Weekly Fed. B 247, 1999 Bankr. LEXIS 801, 1999 WL 493259
...On the evidence presented, the Court finds that Plaintiff, W. SHARON PARKER, sustained actual damages in the amount on Four Thousand Fifty Dollars ($4,050.00) and is entitled to recover treble damages, attorneys' fees and costs by reason of her cause of action for civil theft pursuant to §
772.11 and §
812.14(sic), Florida Statutes....
...974, 977,
140 L.Ed.2d 90 (1998). The evidence before the Court and the issues previously litigated in state court do not meet the requirements to except this debt under Section 523(a)(6). However, the state court findings of liability under Florida Statutes §
812.014 and §
772.11 satisfy the requirements of Section 523(a)(4)....
...The Supreme Court has concluded that "the standard of proof for the dischargeability exceptions in 11 U.S.C. § 523(a) is the ordinary preponderance-of-the-evidence standard." Grogan v. Garner,
498 U.S. 279,
111 S.Ct. at 661. The standard under Florida Statute §
772.11 is clear and convincing evidence....
...from fraud, and that an award of trebled damages therefore falls within the scope of the exception."
523 U.S. at 1215,
118 S.Ct. 1761. See also Landis v. Britt (In re Britt),
200 B.R. 409 (finding entitlement to treble damages under Florida Statutes §
772.11 to be nondischargeable under Section 523(a)(4) of the Bankruptcy Code)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1997 WL 821464
...rney's fees. Because Edward's name was forged on the Bell South stock sell order, even though it was not proven that Dorothy, rather than Isabelle forged the name, there was at least substantial factual support for Edward's claim of civil theft. See § 772.11; Skubal v....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 2005 U.S. App. LEXIS 16590, 2005 WL 1866161
...On July 24, 2001, the Government filed suit against Bailey. The complaint
alleged conversion and civil theft and sought the entire $2 million from the trust
fund, punitive damages on the conversion count, and treble damages on the civil
theft count. See Fla. Stat. § 772.11(1) (“Any person who proves by clear and
convincing evidence that he or she has been injured in any fashion by [civil theft]
1
Under 21 U.S.C....
CopyCited 4 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 83803, 2009 WL 2731338
...the Florida Professional Service Corporations and Limited Liability Companies Act, Fla. Stat. §§ 621, et seq. (Count VII); common law fraud (Count VIII); as well as the Florida Civil Remedies for Criminal Practices Act, Fla. Stat. §§
772.104 and
772.11 (Counts IX-X); and, Plaintiffs sought injunctive relief (Count XI) and declaratory judgments (Counts XII-XIV) in addition to monetary damages (DE # 1)....
...ir violations of the Racketeer Influenced and Corrupt Organizations ("RICO") Act, 18 U.S.C. §§ 1961, 1962 and 1964 (Counts I-VI); common-law fraud (Count VIII); and the Florida Civil Remedies for Criminal Practices Act, Fla. Stat. §§
772.104 and
772.11 (Counts IX-X) (DE # 1)....
...isleading statements (DE # 1 at 95, ¶¶ 338-40). D. Florida Civil Remedies for Criminal Practices Act (Counts IX-X) Plaintiffs have successfully pled two causes of action under Florida's Civil Remedies for Criminal Practices Act: namely, Fla. Stat. §
772.11 (Count IX) and Fla. Stat. §
772.104 (Count X). 1. Fla. Stat. §
772.11 (Count IX) Plaintiffs asserted a cause of action in Count IX by showing that they were injured based on Defendants' knowing deprivation of their property by targeting Plaintiffs in their insurance fraud scheme, in violation of Fla. Stat. §§
772.11,
812.014. Section
772.11 entitles the plaintiff to treble damages upon a showing that it was injured by virtue of the defendant's violation of any one of a number of criminal acts, including theft, which occurs when a person "knowingly obtains or uses, or ende...
...State,
171 So.2d 591 (Fla.2d Dist.Ct.App.1965). Finally, by alleging that Defendants did not respond to Plaintiffs' demand for return of the insurance proceeds fraudulently obtained, Plaintiffs have satisfied the pre-suit demand requirements imposed by Fla. Stat. §
772.11 (DE # 1 at 95, ¶ 344)....
...iffs as a result of those acts). The same holds true for the measure of damages under Florida's Civil Remedies for Criminal Practices Act (the so-called "Florida RICO Act"), which Plaintiffs allege in Counts IX and X. See Fla. Stat. §§
772.104(1);
772.11(1); see also Palmas Y Bambu, S.A....
...App.2004) (holding, in an action under
772.104, that the plaintiff must show that "his injury was caused by, that is, his damage was `by reason of,' the predicate mail or wire fraud acts."); Anthony Distrib., Inc. v. Miller Brewing Co., 941. F.Supp. 1567, 1576-77 (M.D.Fla.1996) (holding, in an action under section
772.11, that "damages in the context of civil theft normally correspond to the value of the property stolen by the defendant.")....
...ges [that] should be calculated from the date of each taking," based on "any portion of the damages that are ascertainable as of a date certain from the record." Greenberg v. Grossman,
683 So.2d 156, 157 (Fla.3d Dist. Ct.App.1996) (citing Fla. Stat. §
772.11)....
...Treble Damages Under the plain language of the RICO Act, as well as under Florida's Civil Remedies for Criminal Practices Act, the final judgment must reflect an amount that is three times the amount of actual damages. See 18 U.S.C. § 1964(c); Fla. Stat. § 772.11(1); Fla....
...es to successful plaintiffs."). Likewise, successful plaintiffs are entitled to attorneys' fees and costs under Florida's Civil Remedy for Criminal Practices Act, which are the violations alleged in Counts IX and X of the Complaint. See Fla. Stat. §§
772.11 and
772.104 (providing that the prevailing plaintiff is "entitled to ....
...also Global Fin., LLC v. Pay Pro Card Corp., No. 8:07-CV-29-T-17EAJ,
2008 WL 4663900, at *2 (M.D.Fla. Oct. 20, 2008) ("The entry of a default judgment against Defendant entitles the Plaintiff to reasonable attorneys' fees and costs under Fla. Stat. §
772.11(1).")....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1997 WL 591865
...The appellees filed a motion for attorney's fees and costs, and the trial court entered an order finding they were entitled to attorney's fees and costs. There was a subsequent hearing to determine the amount of fees. The trial court in a separate order awarded attorney's fees of $12,075 to all three appellees pursuant to section 772.11, Florida Statutes (1991)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 14022, 2010 WL 3655791
...the owner, fail or refuse to perform any work for any 90-day period.” §
489.126(3)(a), Fla. Stat. The Romans alleged each defendant was a “contractor” within the meaning of section
489.126 and sought treble damages for civil theft pursuant to section
772.11, Florida Statutes....
CopyCited 3 times | Published | District Court, M.D. Florida | 1990 U.S. Dist. LEXIS 15063, 1990 WL 175337
...f to which Plaintiffs are entitled." In Count III, Plaintiffs alleged that Defendants had committed thefts of the Decedent's property in violation of Fla.Stat. §
812.014. Plaintiffs asked that the Court issue a judgment pursuant to Florida Statutes §
772.11 awarding Plaintiffs treble damages based on the value of the financial accounts and the home at the time of the Decedent's death, plus accrued statutory interest, along with all costs, attorney's fees and other relief to which Plaintiffs are entitled....
...Plaintiffs also allege that Defendant Kirshenbaum knowingly conspired with and aided and abetted the D'Ambras to obtain the home in violation of Florida Statutes §
812.014 (1989). Plaintiffs ask that the Court issue a judgment pursuant to Florida Statutes §
772.11 awarding Plaintiffs treble damages based on the value of the financial accounts and the home at the time of the Decedent's death, plus accrued statutory interest, along with all costs, attorney's fees and other relief to which Plaintiffs are entitled....
...gust 23, 1990, the Twelfth Circuit Court entered a final judgment specifically finding that "the Plaintiffs' civil theft claim lacks substantial legal or factual support ..." and awards attorney's fees to the Defendants pursuant to Florida Statutes, § 772.11." The D'Ambras have filed motions in this Court for dismissal and for summary judgment....
...DIMUCCIO AND FRANK CIARAMELLO, Jr., as to Count III of Plaintiffs' Amended Complaint is granted, and Count III is dismissed, with prejudice. This Court retains jurisdiction to enter an order for costs and attorney's fees pursuant to Florida Statutes § 772.11....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1996 WL 625618
...Upon remand of this matter for calculation of prejudgment interest, Greenberg must make an election between the punitive damages and the trebled civil theft award. If he elects the civil theft award, he is entitled to attorney's fees pursuant to Florida Statute section 772.11 (1995). [1] Affirmed in part, reversed in part with directions. NOTES [1] We also conditionally grant his motion for appellate fees in the event he elects to recover under Florida Statute section 772.11 (1995) and remand to the trial court to fix amount of any such award.
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2005 WL 2993845
...3d DCA 1993); Crawford v. David Shapiro & Co.,
490 So.2d 993 (Fla. 3d DCA 1986); Mayo v. Highland Park Hosp. Corp.,
460 So.2d 571 (Fla. 3d DCA 1984). We do not pass upon any issue relating to the recovery of attorney's fees for conversion under the theft statute, see §
772.11, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2008 WL 2064661
...District Court of Appeal of Florida, Fifth District. May 16, 2008. Gregory E. Tucci, Ocala, for Appellants. Robert H. McLean, of Trow, Appleget & Perry, Chester J. Trow, P.A., Ocala, for Appellee. SAWAYA, J. We must determine whether an award of damages pursuant to section 772.11, Florida Statutes (2004), should be three *1246 times the amount of actual damages or whether the threefold damage amount should be in addition to the amount of actual damages....
...[1] The money was paid pursuant to an agreement whereby Rogers agreed to purchase a condominium unit from Appellants. The complaint filed by Rogers alleges in count I that Appellants violated section
812.014(1), Florida Statutes, and seeks recovery of treble damages for theft pursuant to section
772.11, Florida Statutes, plus attorney's fees and costs. Count II appears to be similar to count I, but it does not seek treble damages under section
772.11....
...Those warnings became reality when the trial court struck the Appellants' pleadings, entered default against Appellants, and rendered final judgment in favor of Rogers. As to count I, the civil theft count, the court awarded actual damages of $42,500, statutory interest of $8,509.31, and section 772.11 damages of $127,500....
...Rogers argues that adding the treble damage amount to the actual damage award is appropriate as a "civil punishment" for the Ocala Jockey Club's wrongdoing. The Florida courts have not been consistent in determining whether the primary purpose of damage awards under section 772.11 is remedial or punitive. [3] *1247 Given the exertions and expense associated with civil litigation these days, perhaps in many instances, it is the economic lure of treble damages that attracts litigants to seek recompense under section 772.11 rather than the felt need to punish the thief for his wrongdoing. Regardless of the motivation that drives a particular litigant to utilize this statute, our task is to determine what the Legislature intended when it enacted section 772.11. Looking first to the language of the statute, as we should, it is readily apparent that the plain meaning of the terms and provisions included in section 772.11 leads to the conclusion that a litigant may only recover three times the amount of actual damages....
...nd court costs in the trial and appellate courts. Before filing an action for damages under this section, the person claiming injury must make a written demand for $200 or the treble damage amount of the person liable for damages under this section. § 772.11(1), Fla....
...usion of the particular language in the worthless check statute clearly reveals that the Legislature knows how to make provision for an award of actual damages in addition to treble damages when it enacts a statute. The lack of similar provisions in section 772.11 bolsters our conclusion that an award of treble damages in addition to the amount of actual damages is not permitted....
...may not be awarded on the trebled amount."). Appellants argue, and Rogers concedes, that the case should be remanded to the trial court for a properly-noticed evidentiary hearing on the reasonableness of the attorney's fees Rogers incurred. Although section 772.11 permits an award of fees and costs incurred at trial and on appeal, the party against whom the fees are sought is entitled to proper notice and an opportunity to be heard at an evidentiary hearing....
...AFFIRMED in part; REVERSED in part; REMANDED. GRIFFIN and COHEN, JJ., concur. NOTES [1] Appellants raise the issue that the trial court abused its discretion in striking their pleadings and that there was insufficient evidence to support the award of treble damages under section 772.11....
CopyCited 3 times | Published | District Court, S.D. Florida | 2014 U.S. Dist. LEXIS 28824, 2014 WL 888644
... violation of numerous laws and regulations designed to protect the public safety, including Florida’s civil theft statute; patient brokering statute, anti-kickback statute, and insurance fraud statutes. (5) civil theft (Count 5), in violation of §
772.11 and §
812.014, Fla....
...The complaint states a claim under Florida’s civil theft statute. Defendants assert that United’s statutory claims under Florida’s civil theft statute fail as a matter of law under the statutory exemption for the provision of health care. Florida’s civil theft statute, § 772.11, Fla....
...*1365 (3) This section does not impose civil liability regarding the provision of health care, residential care, long-term care, or custodial care at a licensed facility or care provided by appropriately licensed personnel in any setting in which such personnel are authorized to practice. § 772.11(3), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 3605, 2015 WL 1088436
...There is always concern that the somewhat summary procedures employed at a criminal restitution hearing could result in an award greater than the victim might receive in a civil action. However, because this case involves a theft, in a civil action the victim could claim treble damages and attorneys' fees. See § 772.11(1), Fla....
CopyCited 3 times | Published | District Court, S.D. Florida | 1993 U.S. Dist. LEXIS 21584, 1993 WL 237608
...NOTES [1] The complaint was amended in May 1990 pursuant to United States District Judge James Lawrence King's Order of May 10, 1990 Denying In Part And Granting In Part Defendant's Motion To Dismiss and allowing leave to amend and refile upon Korman's compliance with § 772.11, Florida Statutes, which requires that prior to bringing an action for civil theft that the plaintiff make a written demand for payment to the defendant....
CopyCited 3 times | Published | United States Bankruptcy Court, S.D. Florida.
...the dispute was resolved or that Washington Mutual Bank would deliver the funds to the Registry of the Court and proceed with an inter-pleader action. Id. at ¶ ee. As a result, the Plaintiff made a written demand to the Defendant for damages under section 772.11, Florida Statutes by process server on March 10, 2008....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1990 WL 16869
...rder of the trial court in its discretion. AFFIRMED in part, and REVERSED in part, and REMANDED for further proceedings. THOMPSON and MINER, JJ., concur. NOTES [1] We agree with appellee that evidence does not support an action for civil theft under section 772.11, Florida Statutes....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2013 WL 6636895, 2013 Fla. App. LEXIS 19961
...Case law does not seem to make a clear delineation between conversion and civil theft. It appears conversion is a common law tort and civil theft is a tort that draws support from statutes. Civil theft frequently allows for treble damages, O’Donnell v. Arcoiries, Inc.,
561 So.2d 344, 345 (Fla. 4th DCA 1990), §
772.11, Fla....
CopyCited 2 times | Published | United States Bankruptcy Court, S.D. Florida.
...g with the collateral for both. In Count X EGE alleges that its SVL stock and associated dividends were stolen. In order to establish an action for civil theft, the claimant must prove the statutory elements of theft, as well as criminal intent. See § 772.11, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1989 WL 65885
...We agree entirely, however, with Judge Tendrich that no such previous approval or anything close to it took place. [4] We specifically hold that this disposition as to the appellants is without prejudice to a possible action against the lawyers for compensatory and treble damages under the civil theft statute. § 772.11, Fla....
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 22 Fla. L. Weekly Fed. B 551, 2010 Bankr. LEXIS 2260, 2010 WL 2899053
...Attorneys' Fees and Costs The parties request awards of the attorneys' fees and costs they incurred during Bankruptcy Court and State Court proceedings. Plaintiffs' Complaint contains a request for an award of reasonable attorneys' fees, costs, and interest pursuant to Fla. Stat. Section 772.11....
...ttorneys' fees and costs. She delineated in her Affidavit she has incurred fees of $43,880.00 and costs of $3,166.36 in connection with Bankruptcy Court and Florida State Court proceedings. Debtor pled no legal basis for her Counterclaim. Fla. Stat. § 772.11: Section 772.11 provides for an award of reasonable attorney's *707 fees and costs where a person establishes by clear and convincing evidence he has been injured by a violation of certain provisions of Chapter 812 of the Florida Statutes, which pertain to theft, robbery, and related crimes, and exploitation of an elderly person or disabled adult. Plaintiffs did not plead or establish Debtor committed any such violation of the Florida Statutes. Section 772.11 is inapplicable to this proceeding....
...Attorneys' Fees and Costs A litigant may recover attorney's fees and costs only where such an award is provided for by statute or enforceable contract. Alyeska Pipeline Serv. Co. v. Wilderness Soc'y,
421 U.S. 240, 257,
95 S.Ct. 1612,
44 L.Ed.2d 141 (1975). Plaintiffs' Request: Section
772.11 provides for an award of reasonable attorney's fees and costs and treble damages where a person establishes by clear and convincing evidence he has been injured by a violation of Florida's omnibus theft, robbery, and related crimes statutes found at Fla....
...Stat. Sections
812.012 through
812.037, or Section
825.103(1) of Chapter 812 of the Florida Statutes. A defendant is entitled to an award of fees and cost if the plaintiff "raised a claim that was without substantial fact or legal support." FLA. STAT. §
772.11(1). Plaintiffs did not plead or prosecute a theft, robbery, or exploitation cause of action against the Debtor pursuant to Chapter 812 of the Florida Statutes. Section
772.11 is inapplicable to this proceeding and provides no statutory basis for an award of fees and costs to either Plaintiffs or Debtor....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 554, 2010 WL 323035
...We find merit only in Winters' argument that Mulholland failed to prove that any of Winters' actions were the proximate cause of any damages suffered by Mulholland. This decision renders the other issues raised on appeal and cross-appeal moot. The applicable civil theft statute, section 772.11, Florida Statutes (2001), provides, in pertinent part, Any person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of the provisions of ss....
..., misappropriation, fraud, and deception. Thus, Mulholland did prove that a "theft" occurred. However, it is not enough for a plaintiff prosecuting a cause of action for civil theft to show only that a theft of his or her property occurred. Instead, section 772.11 also requires the plaintiff to prove by clear and convincing evidence that he or she was injured "by reason of any violation" of the listed theft statutes....
...was entitled to a directed verdict in his favor. The trial court could not allow the jury to speculate on causation, particularly because a claim for civil theft requires that the plaintiff prove his or her case by clear and convincing evidence. See § 772.11....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1995 WL 46556
...In the aftermath of a real estate transaction the buyers, appellees here, filed suit against Skubal, who was essentially the seller. The complaint contained causes of action for fraud (Count I), unjust enrichment (Count II), and a count under the Civil Remedies for Criminal Practices Act, section
772.11, Florida Statutes (1993), based on a violation of section
812.014(1), Florida Statutes (1993), which we will refer to as Count III or the civil theft count....
...At the hearing on this motion, appellees' *170 attorney conceded that appellant was "100 percent right on the law" but he argued that the fact that involuntary dismissal was granted did not mean that there had been no factual evidentiary support for the claim. The trial court denied appellant's motion. Section 772.11, Florida Statutes (1993), the statutory provision under which the appellant sought his attorney's fees, provides in pertinent part: 772.11 Civil remedy for theft....
...The fact that the plaintiff has prevailed on other claims does not affect the defendant's right to attorney's fees in defending against a civil theft claim which was without factual or legal support. Friedman,
591 So.2d at 329. The standard for determining entitlement to attorney's fees under section
772.11 is less stringent than the bad faith standard of section
57.105, Florida Statutes (1993)....
...See Foreman,
568 So.2d at 532; Ciarmello,
613 So.2d at 1325. Here, the court's order dismissing the civil theft claim did just that. It is unnecessary for the court to find a complete absence of legal and factual support for a civil theft claim before making an award of attorney's fees under section
772.11....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1992 WL 16584
...The plaintiff, Patria Publications, Inc., appeals from a final judgment denying its request for an injunction against Eladio Armesto and Periodico Patria, Inc. [collectively referred to as "the defendants"]. We affirm. The defendants cross appeal the denial of their request for attorney's fees made pursuant to section 772.11, Florida Statutes (1987)....
...'s trademark to Armesto, that act constituted an abandonment of the trademark and an appropriation by the defendants. Patria Publications appeals. Upon the conclusion of the trial, the defendants moved for an award of costs and attorney's fees under section 772.11 on the grounds that Patria Publications had pursued a civil theft claim against the defendants which lacked either legal or factual substance. The trial court denied the motion. The trial court determined that "the factual events upon which the plaintiff asserted its civil theft claim in this action took place prior to October 1, 1986, the effective date of section 772.11, Florida Statutes (1987), and the said statutory provision cannot be applied retroactively in this action so as to award attorney's fees to defendants." The defendants appeal the denial of attorney's fees....
...1976); Kuvin v. Kuvin,
442 So.2d 203 (Fla. 1983); Froman v. Froman,
458 So.2d 833 (Fla. 3d DCA 1984). Accordingly, we affirm the trial court's final judgment. The defendants cross-appeal contending that the trial court erred in ruling that it would not apply section
772.11 to this action....
...ook place prior to October 1, 1986, the effective date of the statute; the trial court also found that applying this statute would have constituted an improper retroactive application of the statute. We agree. The drafters of the house bill enacting section 772.11 stated that the act should "apply to all civil proceedings commenced on or after October 1, 1986"....
CopyCited 2 times | Published | District Court, S.D. Florida | 2013 U.S. Dist. LEXIS 183579, 2013 WL 6925446
...The mail fraud and wire fraud statutes are "given a similar construction and are subject to the same substantive analysis.” Belt v. United States,
868 F.2d 1208, 1211 (11th Cir.1989). . See Fla Stat. §
772.102(33), (34). . This raises the second distinction between state and federal RICO laws. Pursuant to Florida Statutes Section
772.11, "[t]he defendant is entitled to recover reasonable attorney’s fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim without substantial fact or legal support....
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 2001 Bankr. LEXIS 400, 2001 WL 455830
...In due course, Bay Area filed its Complaint and its Amended Complaint. The immediate matter under consideration is a Motion for Summary Judgment filed by Wal-Mart. The Motion is addressed to Count II of the Amended Complaint in which Bay Area alleged a cause of action based on Fla.Stat. § 772.11 (civil theft statute of Florida) and sought monetary damages plus treble damages under the statute....
...As noted earlier, the attack on the claim in Count II of the Amended Complaint by Wal-Mart is two-fold. First, it is contended that Wal-Mart is entitled to summary judgment because of Bay Area's failure to comply with the requirements of Fla.Stat. § 772.11 which, in relevant part, provides as follows: "Before filing an action for damages under this section, the person claiming *134 injury must make a written demand for $200 or the treble damage amount of the person liable for damages under this section....
...liability for the specific act of theft by the person making the written demand." Of course the initial inquiry must be addressed to the threshold issue which is the impact, if any, of the failure to comply with the notice requirements of Fla.Stat. § 772.11....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...Rehearing Denied December 16, 1991. Steven G. Nilsson, Clearwater, for appellants. Thomas D. Shults of Shults & Pomeroy, P.A., Sarasota, for appellees. SCHEB, Judge. We write primarily to explain that in determining entitlement to attorney's fees under section
772.11, Florida Statutes (1989), courts are guided by different standards than those applicable to section
57.105, Florida Statutes (1989)....
...property which had been jointly titled in the names of the decedent and Gladys D'Ambra, one of his daughters. Counts I and II sought declaratory relief; count III sought treble damages, based on the allegations of a claim for civil theft founded on section 772.11....
...The trial court dismissed count III with prejudice. [1] Thereafter, the court found that "Plaintiffs' `civil theft' claim lacked substantial legal or factual support and, accordingly, the Defendants are entitled to an award of attorneys' fees ... pursuant to section 772.11." The appellants now challenge the entry of the final judgment which awarded the appellees attorney's fees....
...We find no merit to the appellants' contention that the trial court erred in finding that count III raised a claim which was without substantial fact or legal support, thereby subjecting them to liability for attorney's fees. Specifically, we reject the appellants' claims that section
772.11 should be construed in pari materia with section
57.105(1)....
...It follows that it is necessary that the court make that determination as to "the entire action, not merely a portion thereof." Barber v. Oakhills Estates Partnership,
583 So.2d 1114 (Fla. 2d DCA 1991); Wood v. Price,
546 So.2d 88 (Fla. 2d DCA 1989), rev. denied,
553 So.2d 1166 (Fla. 1989). In contrast, section
772.11 provides a civil remedy for theft....
...ch authorize an attorney's fees award are in derogation of the common law, and therefore, must be strictly construed. Kittel v. Kittel,
210 So.2d 1 (Fla. 1967). In light of this established principle, we interpret the legislature's intent in wording section
772.11 was to discourage civil theft claims lacking either legal or factual substance by setting a less stringent standard for a fee award than the bad faith standard of section
57.105....
...t properly awarded the defendant attorney's fees. It was unnecessary for the court to find a complete absence of legal and factual support for the appellants' civil theft claim. [2] Section
57.105(1) focuses on non-meritorious litigation in general. Section
772.11, on the other hand, focuses specifically on civil theft claims and allows a defendant to recover attorney's fees for claims "without substantial fact or legal support"....
...Accordingly, we think logic and sound public policy dictate that the appellees recover attorney's fees. We affirm the judgment awarding attorney's fees. We grant the appellees' motion for attorney's fees on appeal, and remand for determination of a reasonable fee. §§
772.11,
59.46 Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1999 WL 770672
...Because Snyder brought an action on the claim within five months of administration and before Bell objected, we conclude that section
733.705 precludes an award of attorney's fees to Snyder. However, Snyder argues that attorney's fees are nonetheless proper under the Remedies for Criminal Practices Act, section *1103
772.11, Florida Statutes (1995)....
...e a written demand for ... damages under this section. If the person to whom a written demand is made complies with such demand within 30 days after receipt of the demand, that person shall be given a written release from further civil liability.... §
772.11, Fla. Stat. (1995). The trial court found that section
772.11 conflicted with section
733.705 in that it seemingly reduced the time a personal representative may take to object to a claim to thirty days, instead of four months. Although Snyder argues that section
772.11 controls because it is more specific than section
733.705, we conclude that the policy behind the Probate Code establishes that section
733.705 should control....
CopyCited 1 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 534, 1998 Fla. LEXIS 1898, 1998 WL 699775
...The Florida Supreme Court Committee on Standard Jury Instructions in Civil Cases (the Committee) recommends that The Florida Bar be authorized to publish the following addition to the Florida Standard Jury Instructions (Civil): MI 11, Civil Theft ( Fla. Stat. § 772.11 )....
...nor contesting their legal correctness. The revised instructions will be effective on the date this opinion is filed. It is so ordered. HARDING, C.J., and OVERTON, SHAW, KOGAN, ANSTEAD and PARIENTE, JJ., concur. APPENDIX MI 11 CIVIL THEFT (FLA.STAT. § 772.11) a.Violation of Florida Statutes § 812.01U (Theft) On (claimant’s) claim for civil theft, the issues for your determination are: First, whether (defendant) obtained or used [or attempted to obtain or use] the property of (claimant); and,...
...NOTES ON USE 1. The court should make the determination as to the amount of attorney’s fees and interest to be assessed and included in any judgment. Mid-Continent Casualty Co. v. Giuliano,
166 So.2d 443 (Fla.1964). 2. Under the provisions of Fla. Stat. §
772.11 plaintiff may recover, upon proper proof, three times the actual damages sustained, or a minimum of $200.00, and reasonable attorney’s fees....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 13 Fla. L. Weekly 2299, 1988 Fla. App. LEXIS 4908, 1988 WL 115839
...ions involving the state. Thus, under that provision, the court did not have jurisdiction to treble the damages. It was only in Wallace's motion for rehearing that we were informed that treble damages for theft can be awarded under the newly created section 772.11, Florida Statutes (1987)....
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 20 Fla. L. Weekly Fed. B 104, 2006 Bankr. LEXIS 3537
...[1] Garmendia alleged that she was defrauded into making the investment, and as a result she was damaged. See id., ¶¶ 4, 20, 21, 37-40, 42-44. Garmendia further alleged that the fraud practiced upon her was a "civil theft" violative of Fla. Stat. §
812.014 and, consequently, pursuant to Fla. Stat. §
772.11 she sought treble damages in the amount of $15 million....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 15388, 2004 WL 2346655
...Procedural Posture E & A Produce Corporation ("E & A") filed a multi-count complaint against Superior Garlic International, Inc. and its two shareholders, Silfredo Trujillo and Nilda Olmo, that included a treble damage claim for civil theft pursuant to § 772.11, Fla....
...We grant the writ of mandamus with directions that petitioners be allowed to satisfy the attorneys' fee award from the proceeds of the cash supersedeas. NOTES [1] As we noted in an earlier appeal of the fee award, it is unclear whether the fee award was made pursuant to § 772.11(a), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2013 WL 6081768, 2013 Fla. App. LEXIS 18429
...4th DCA 2011) (“Under section
57.041(1), a judge has no discretion to deny recovery of costs to the prevailing party.”). However, the tenant and the tenant’s president are not entitled to recover their attorneys fees and costs incurred in defending against the landlord’s civil theft claim. Under section
772.11(1), Florida Statutes (2011), the defendant (or counter-defendant) on a civil theft claim is entitled to recover its reasonable attorney’s fees and court costs in the trial and appellate courts only upon a finding that the claimant (or counter-claimant) “raised a claim that was without substantial fact or legal support.” §
772.11(1), Fla....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 5777, 1995 WL 323061
...Appropriate the property to his own use or to the use of any person not entitled thereto. We agree with Fletcher and Tucker that there was insufficient clear and convincing evidence to prove the felonious intent necessary to withstand entry of a directed verdict on this claim. See § 772.11, Fla.Stat.; Westinghouse Elec....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 4731, 1991 WL 83752
...attorney's fees. REVERSED and REMANDED. GOSHORN and GRIFFIN, JJ., concur. NOTES [1] §
812.035(7), Fla. Stat. (1985). [2] Effective October 1, 1986 section
812.035 was amended to limit treble damages to the state or its agencies but at the same time section
772.11 of the Florida Statutes was amended to provide individual claimants with the remedy of treble damages which the new section
812.035 deleted....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1996 WL 106377
...Seabridge Builders to pay job B with job A's funds." In this case, the pipeline dried up and Jemison used his personal funds to make up shortfalls. At the conclusion of trial, the trial court found that Seabridge committed civil theft as defined by section
772.11, Florida Statutes (1991), by reason of violation of sections
713.345 and
812.014, Florida Statutes (1991)....
...In addition, the trial court found, inter alia, that Jemison was liable as a primary qualifying agent for Seabridge under chapter 489, Florida Statutes (1993). We reject the trial court's determination that Seabridge can be found guilty of civil theft as defined by section
772.11 [1] , by reason of violation of sections
713.345 and
812.014. If we thought that a violation of section
713.345 was included within the remedial provisions of the civil theft statute, section
772.11, we would agree that the corporation could be liable for the civil theft claim....
...The statutes, however, will not bear a construction of that kind. In the first place, section
713.345(1)(b) expressly says that a person who violates subsection
713.345(1)(a) is guilty of the crime of " misapplication of construction funds [e.s.]." It does not denominate the crime as theft. Second, section
772.11 is part of the chapter dealing with civil remedies for criminal practices. *850 In 30 subparagraphs, section
772.102 designates each statutory provision included within the civil remedies afforded by chapter 772, but section
713.345 is not one of the crimes listed. Finally, section
772.11 itself limits its remedy to violations of only sections
812.012 through
812.037....
...Additionally, for the same reason, that part of the final judgment entered against Jemison, individually, as primary qualifying agent of Seabridge pursuant to chapter 489 is reversed. Accordingly, we reverse the trial court's final judgment determining Seabridge had committed civil theft as defined by section
772.11 through violation of sections
713.345 and
812.014....
...BY ORDER OF THE COURT: ORDERED, that appellee's motion for rehearing is denied. However, we clarify this court's opinion. It was this court's intention to affirm the damages award against Seabridge, Inc., in the sum of $75,304.12. The reversal applies only to the enhanced damages pursuant to section 772.11, Florida Statutes, and to the joint and several liability of Richard A....
CopyCited 1 times | Published | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 32285, 2015 WL 1055382
...(“CRT”) and against U.S. Datanet Corporation (“Datanet”) ’ and its subsidiary, USD CLEC, Inc. (“CLEC”). The total sum awarded ($644,746.53) was “calculated as the sum of the amount of the verdict ($141,551.20), trebled pursuant to Florida Statutes § 772.11 ($424,653.60) plus contractual interest at the rate of 1.5% per month” in the amount of $220,086.93....
...of Florida prohibits an insured from being indemnified for a loss resulting from an intentional act of religious discrimination). Finally, Twin City argues that the treble damages awarded in the Final Judgment for civil theft under Florida Statutes section 772.11 are “the multiple portion of [a] multiplied damage award,” which is expressly excluded from the definition of “Loss” in the Twin City Policy....
...at 223 (quoting Level 3,
272 F.3d at 910 ). In addition, the Final Judgment for civil theft is not insurable as a matter of public policy. See, e.g., Ranger,
549 So.2d at 1009 . Finally, the treble damages awarded in the Final Judgment for civil theft under Florida Statutes section
772.11 are “the multiple portion of [a] multiplied damage award,” which is expressly excluded from the definition of “Loss” in the Twin City Policy....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 119 U.S.P.Q. 2d (BNA) 1145, 2016 U.S. App. LEXIS 11860, 2016 WL 3546433
...nd satellites.
Based on these facts, the amended complaint alleged four causes of action: (1)
common law copyright infringement, (2) common law misappropriation / unfair
competition; (3) common law conversion; and (4) civil theft under FLA. STAT. §
772.11 for violations of FLA....
...terminated by publication, whether Flo & Eddie nevertheless has a
cause of action for common law unfair competition /
misappropriation, common law conversion, or statutory civil theft
under FLA. STAT. § 772.11 and FLA....
CopyCited 1 times | Published | District Court, S.D. Florida | 1991 U.S. Dist. LEXIS 10844, 1991 WL 152818
...rticipated in improper transfers of approximately ten million dollars to SIG. See Opposition Memorandum (DE 10) at 2, Exhibit A. [5] The letters demanded return of the funds and tendered formal notice under the Florida civil theft statute, Fla.Stat. § 772.11 (1989)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 10224, 2003 WL 21537358
...at the time appellants’ property was removed. Finding that appellants did not have the right to possess the house, the court entered summary final judgment in favor of Countrywide and reserved jurisdiction to consider a motion for fees pursuant to section
772.11 and
57.105, Florida Statutes (2002)....
...found a complete absence of justiciable issues on the fraud and intentional infliction counts. The court entered an Order Granting Countrywide’s Motion for Attorneys’ Fees Against Plaintiffs, awarding $28,827.50 in fees pursuant to both sections
772.11 and
57.105....
...Based on the representations of Countrywide’s counsel that it was impossible to apportion the fees because there was no way of distinguishing work done on each count separately, the *1249 court did not apportion the fees. Final judgments on fees and costs were entered accordingly. First Issue — Section 772.11 Fees The first issue on appeal is whether it was error to award fees pursuant to section 772.11....
...Thus, while they do not quarrel with the entry of summary judgment on their civil theft claim, they assert that, at the time they filed their complaint for civil theft, it was reasonable for them to believe that Countrywide should not have acted without a writ of possession. Section
772.11 provides that, in a suit for civil theft pursuant to sections
812.012-812.037, Florida Statutes (2002), or section
825.103(1), Florida Statutes (2002), “[t]he defendant is entitled to recover reasonable attorney’s fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim that was without substantial fact or legal support.” §
772.11(1), Fla....
...In addition, based on the language of the order of foreclosure as well as the Redding case, it cannot be said that appellants’ claim was without substantial legal or factual support when the claim was originally filed. Consequently, it was error to award Countrywide fees on the basis of section 772.11....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2013 WL 3716943, 2013 Fla. App. LEXIS 11223
...Two days later, an attorney representing Othel Turner sent an e-mail to Rhodes’s counsel indicating for the first time that money taken from the IRA was a purported loan from Rhodes to Turner LLC. In response, Rhodes sent civil theft demand letters to Turner LLC, Othel Turner, and Rainer, pursuant to section 772.11, Florida Statutes (2012)....
...A default was entered against all three defendants after they failed to answer the complaint. In March 2011, Rhodes obtained a default judgment against all three defendants for $410,451.79, three times the amount taken from the IRA plus attorney’s fees and costs as provided by section 772.11(1)....
...final judgment was reversed). Confining ourselves to the four corners of the complaint, we now examine whether the three counts of the complaint stated a cause of action supporting the default final judgment against Oth-el Turner. Civil Theft Under section
772.11(1), Florida Statutes (2012), a person who is injured by a violation of section
812.014(1) (theft) can recover three times the damages sustained, plus costs and attorney’s fees....
...the first degree. 22. Defendants, jointly and severally, through fraud and with intent to obtain the Plaintiffs money illegally, did in fact exploit the Plaintiff and obtain her funds through an act of theft giving rise to a civil remedy pursuant to § 772.11, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 983, 2010 WL 391816
...Flens' motion. Under the civil theft statute, a potential plaintiff must first make a written demand for payment upon a defendant and, if the defendant complies with the demand within thirty days, the defendant is released from further liability. See § 772.11, Fla....
CopyCited 1 times | Published | District Court, M.D. Florida | 2016 U.S. Dist. LEXIS 188421, 2016 WL 7740699
...Through the Complaint, the Plaintiff seeks damages and related relief for alleged violations of (i) 15 U.S.C. §§ 1692 et seq. (the “Fair Debt Collection Practices Act” or “FDCPA”); (ii) Section 555.72 of the Florida Statutes (the “Florida Consumer Collection Practices Act” or “FCCPA”), and (iii) Section 772.11 of the Florida Statutes (“Civil Theft”)....
CopyCited 1 times | Published | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 17647, 2010 WL 662171
...¶ 34. Plaintiffs filed the Complaint in this action on December 4, 2008, asserting claims for violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), fraud, and breach of fiduciary duty, seeking treble civil damages pursuant to § 772.11, Florida Statutes....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 18410, 2009 WL 4283085
...ettlement agreements. Van Diepen even paid $13,000 for the medical expenses of plaintiffs' main witness. After the jury returned a verdict in favor of Abu-Ghazaleh, defendants motioned for attorney's fees and costs under sections
57.041,
768.79, and
772.11, Florida Statutes (2007)....
...Attorney's Fees Issue Abu-Ghazaleh appeals the denial of their motion for attorney's fees against Van Diepen and CSI. To recover fees, Abu-Ghazaleh must prove that the non-named plaintiffs, Van Diepen and CSI, were "parties" within the meaning of sections
57.041,
768.79, and
772.11 of Florida Statutes (2007) for attorney's fees....
...Abu-Ghazaleh argues that under the terms of the financial agreement, Van Diepen inserted himself into the litigation. To prove their entitlement to attorney's fees under the civil theft statute, Abu-Ghazaleh must show that the civil theft suit "was without substantial fact or legal support." § 772.11, Fla....
...The civil theft statute states that the defendant "is entitled to recover reasonable attorney's fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim that was without substantial fact or legal support." § 772.11, Fla. Stat. (2007). To recover under this section, the defendants must show that the plaintiffs, and through them Van Diepen and CSI, filed a civil theft claim that was without "substantial legal support." § 772.11, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 19398, 2010 WL 5129312
...es rendered, intentional misconduct, or a systematic scheme to defraud. Clinical correlation may be necessary to determine the source of the coding error." Infinity sued Nodal and PPIC, asserting, among others, causes of action based on civil theft, § 772.11, Fla....
...Nodal and PPIC again moved to dismiss Infinity's amended complaint for failure to state a cause of action. On the day scheduled for a hearing on the motions, Infinity voluntarily dismissed its amended complaint without prejudice. Both Nodal and PPIC then filed motions for attorney's fees under sections
627.428,
627.736, and
772.11. The circuit court denied their requests under all the statutes. We affirm the court's denial of fees under chapter 627 without further discussion. But we reverse the court's decision to deny section
772.11 fees and remand with directions to award Nodal and PPIC their reasonable fees and costs. Section
772.11(1) provides that a defendant in a civil theft action "is entitled to recover reasonable attorney's fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim that was without substantial fact...
...al basis for its civil theft claim, then a defendant is entitled to recover attorney's fees and costs expended in challenging the action. Accordingly, we reverse the circuit court's denial of Nodal's and PPIC's motions for fees and costs pursuant to section 772.11 and remand for the court to determine the amount to be awarded....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 19092, 2010 WL 5093174
...ge award or the plaintiffs arguments on cross-appeal concerning the trial court’s denial of a multiplier. Reversed and Remanded. WARNER and MAY, JJ., concur. . The parties later agreed that plaintiff could not receive a trebled damages award under section 772.11, Florida Statutes, because such damages would impermissibly overlap with the jury’s award of punitive damages....
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 7 Fla. L. Weekly Fed. B 217, 1993 Bankr. LEXIS 1248, 1993 WL 336054
...Neither HCA nor the Related Entities were named in the complaint, as party litigants and, of course, there was no claim asserted by or against HCA or the "Related Entities" by the Plaintiffs. The claim of non-dischargeability in Count II was based on Fla.Stat. § 772.11 (Civil Theft) and sought treble damages pursuant to this Statute....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1997 Fla. App. LEXIS 9437, 1997 WL 476462
...non conveniens. In Iberoamerican Elecs., S.R.L. v. Moore Business Forms, Inc.,
679 So.2d 295 (Fla. 3d DCA 1996), this court affirmed both rulings. Moore then moved in the trial court for attorneys’ fees pursuant to Florida’s civil theft statute, section
772.11, Florida Statutes (1995), 2 arguing that Ibero’s civil theft claim had been brought without substantial fact or legal support as required by that section....
...4th DCA 1993)(awarding defendant attorney’s fees after concluding that the “facts did not justify a claim for civü theft and there was no intention to retain monies wrongfuUy.”) Accordingly, we reverse the order denying Moore the attorney’s fees it sought under section 772.11....
...'s purported claims for civil theft and conversion alleged in counts IV and V of the Second Amended Complaint, respectively, arise out of the contract sued upon and under the economic loss rule do not state claims upon which relief can be granted. . Section 772.11 (1995) provides: The defendant shall be entitled to recover reasonable attorney's fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim without substantial fact or legal support....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 9437, 1993 WL 365853
...fees without making a finding as to whether Vivian’s civil theft claim had substantial fact or legal support. We disagree. The trial court found that there were substantial issues in this case when it denied Mary’s motion for attorney’s fees. Section 772.11, Florida Statutes (1991) does not require the trial court to" make a finding unless it is awarding the attorney’s fees....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 21 Fla. L. Weekly Fed. B 514, 2008 Bankr. LEXIS 3794
...Under Florida law, a party seeking damages for conversion may seek treble damages for conversion. However, prior to seeking treble damages, the creditor must send a written demand to the alleged wrongdoer, giving the wrongdoer an opportunity to return the converted funds. Fla. Stat. § 772.11....
CopyPublished | District Court, S.D. Florida | 2012 WL 4005912, 2012 U.S. Dist. LEXIS 129783
...Hartley for violation of Section 10(b) and 10b(5)(a), (b), and (c) of the Securities Exchange Act of 1934 (Count I); fraud (rescission) (Count II); fraud (damages) (Count III); conspiracy (Count IX); and civil theft in violation of Florida Statute § 772.11 (Count X)....
...Finally, for the reasons discussed in Subsection D above, the Court finds that Mr. Hartley may be held liable for the fraudulent misrepresentations of his co-conspirators, Matter and van Siclen, which led to Plaintiffs’ collective loss of $4.25 million. 14 *1172 F. Civil Theft in Violation of Florida Statutes § 772.11 (Count X). Plaintiffs next move for summary judgment on their claim brought pursuant to Florida’s civil theft statute, Fla. Stat. § 772.11 ....
...Id. at 17 . Mr. Hartley, while denying that he can be held jointly and severally liable for the actions of his co-defendants, “demands that Plaintiffs prove the existence of the ‘partnership.’ ” Motion to Dismiss at 5 ¶ 27. Florida Statutes § 772.11 provides that “[a]ny person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of ss....
...825.103(1) has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney’s fees and court costs in the trial and appellate courts.” Fla. Stat. § 772.11 (1)....
CopyPublished | Florida 3rd District Court of Appeal
...ng four counts. At
the close of the Receiver’s case, the court directed a verdict in favor of one
of the RV Dealer defendants as to Count Four (civil theft), citing the
Receiver’s failure to strictly comply with the demand requirements under
section 772.11, Florida Statutes (2013)....
CopyPublished | Florida 3rd District Court of Appeal
...2013).
Upon ACS Israel’s partial confession of error and our independent
review of the record, however, we are constrained to reverse the
computation of damages and prejudgment interest. On remand, the trial
court shall award threefold “the actual damages sustained.”2 See §
772.11(1), Fla....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 13217, 1999 WL 816979
..., over an alleged partnership agreement from which Froman was excluded. Froman eventually voluntarily dismissed Rowena when faced with her motion for summary judgment. The trial court awarded her attorney’s fees and costs under sections
57.105 and
772.11, Florida Statutes (1995)....
...At that point Froman dismissed her as a party. She then filed a motion for attorney’s fees pursuant to section
57.105. A motion to dismiss and strike the count for civil theft was also granted by stipulation, and all of the defendants moved for fees pursuant to section
772.11. The remaining case continued for several more years against Robert and the corporation until the entire case was dismissed. All of the defendants, including Rowena, again moved for an award of fees under section
772.11....
...After a full hearing on both entitlement and fees, the trial court found that only Rowena was entitled to attorney’s fees because there was a lack of a justiciable issue as to her. In addition, the court ascertained that she was also entitled to fees under section 772.11....
CopyPublished | Supreme Court of Florida
...Eddie,
827 F.3d at 1018. Flo and Eddie alleged the following four causes of action
under Florida law: (1) common law copyright infringement; (2) common law
misappropriation and unfair competition; (3) common law conversion; and (4) civil
theft under section
772.11, Florida Statutes, for violations of section
812.014(1),
Florida Statutes....
...hat such a copyright
was terminated by publication, whether Flo & Eddie nevertheless has
a cause of action for common law unfair competition /
misappropriation, common law conversion, or statutory civil theft
under Fla. Stat. § 772.11 and Fla....
...hat such a copyright
was terminated by publication, whether Flo & Eddie nevertheless has
a cause of action for common law unfair competition /
misappropriation, common law conversion, or statutory civil theft
under Fla. Stat. § 772.11 and Fla....
...Having answered the certified questions, we return this case to the
Eleventh Circuit Court of Appeals.
18. Flo & Eddie’s remaining claims are also problematic for other reasons.
For example, as to Flo & Eddie’s claim for statutory civil theft, section
772.11(1),
Florida Statutes, provides a cause of action for treble damages and for reasonable
attorney’s fees for “[a]ny person who proves by clear and convincing evidence that
he or she has been injured in any fashion by reason of any violation of [section
812.014].” Section
812.014, itself, is a criminal theft statute. While the civil
remedy set forth in section
772.11(1) only requires a “clear and convincing”
evidence standard, the underlying cause of action is predicated on conduct that
violates a criminal statute....
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 15809, 2010 WL 4103038
...Plaintiff, however, rejected defendant’s offer and refused to drop him from the lawsuit. Thereafter, defendant filed a Motion to Dismiss the original complaint, which the trial court granted. On October 5, 2005, plaintiff filed an amended complaint, wherein it removed the section
772.11 civil theft claim against defendant but alleged conversion, unjust enrichment, fraudulent inducement, a section
607.1406 claim, civil conspiracy, and successor liability....
...Thereafter, defendant filed a Motion for Attorney Fees and Costs and Multiplier. He asserted that he was entitled to attorneys fees pursuant to section
768.79, Florida Statutes (proposal for settlement), section
57.105(1), Florida Statutes (frivolous lawsuit), and section
772.11(1), Florida Statutes (civil theft)....
...ter the dissolution and that the orders for jewelry were made by him. The trial court granted defendant a portion of his attorney’s fees, but limited entitlement to those fees incurred directly and exclusively associated with his prevailing on the section 772.11 civil theft claim....
CopyPublished | Florida 4th District Court of Appeal
...Id.
Here, both parties insist they are entitled to some award of attorney’s
fees incurred at trial. We consider each party’s entitlement in turn.
A. Appellant’s Entitlement as Prevailing Party on the Civil Theft Claim
Florida law provides a civil remedy for injury resulting from theft. See
§ 772.11(1), Fla....
...t or
legal support.” Id. (emphasis supplied).
Here, the trial court found for Appellant on the civil theft claim after
concluding that Appellee had failed to establish that Appellant had the
criminal intent necessary to create liability under section 772.11....
...civil theft claim was “without substantial fact or legal support” and that he
is entitled to fees as a matter of law. Following Appellant’s argument, to
prevail on a claim is to demonstrate the opposing position lacked
substantial fact or legal support.
Section 772.11’s plain language requires us to reject this argument.
Although this section provides an unqualified entitlement to attorney’s fees
for a prevailing plaintiff, it entitles a prevailing defendant to fees only if the
civil theft claim lacks “substantial fact or legal support.” § 772.11(1), Fla.
Stat....
CopyPublished | Florida 6th District Court of Appeal
...The
third amended complaint contained ten claims alleging fraudulent and criminal
conduct.4 Early on, Brinkmann and Majab moved to dismiss the first nine claims for
4
The ten claims are (1) fraud; (2) unjust enrichment; (3) conversion; (4) civil
theft under section 772.11 of the Florida Statutes; (5) fraudulent transfer; (6)
violation of the Florida Racketeer Influenced and Corrupt Organization Act, sections
4
forum non conveniens....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 12612, 1995 WL 698900
..., 1994. Within thirty days of the voluntary dismissal, Tangerine Bay filed its motion to determine entitlement to attorney’s fees. Tangerine Bay sought attorney’s fees under section
768.79, the offer of judgment statute, and alternatively, under section
772.11, Florida Statutes (1993), the civil theft statute, which provides for a fee award upon a finding that the defendant was forced to defend a civil theft claim lacking substantial fact or legal support....
...r section
57.105 or
768.79.”
649 So.2d at 891 . Based on Tampa Letter Carriers, we reverse the order denying entitlement to fees under section
768.79 and remand for a fee hearing. The trial court also denied the request for attorney’s fees under section
772.11, Florida Statutes (1998), and stated in its order: “[U]nder the circumstances of this case, this Court is not able to make a finding that the claim raised by the Plaintiff in Plaintiffs Amended Complaint was without substantial fact...
...videntiary hearing. At the end of the hearing, the trial court stated: “Nothing that’s come before me, at the point of the voluntary dismissal would, in my view, have allowed me to make a determination. This case lacked the operative language of 772.11, which would have effectuated fees.” Section 772.11 does not state that the determination of substantial fact or legal support must be made after some particular point in the proceedings....
...495 (M.D.Fla.1990), describes the state court procedural history; it appears that there was no trial, summary judgment, or other evidentiary hearing before the dismissal of the civil theft claim in Ciaramello . Accordingly, we reverse the trial court’s order as to attorney’s fees under section 772.11 and direct the trial court to consider this alternative theory for recovery of attorney’s fees on remand....
CopyPublished | Florida 3rd District Court of Appeal
...$18,000.00, that was payable to “Pretium Homes/Florida Recovery Adjusters” and
delivered it to FRA. Upon receipt of the payment from Affinity on June 9, 2016,
FRA deposited the check to its account but did not return the remaining balance to
Pretium. Subsequently, based on section 772.11(1), Florida Statutes (2014),
Pretium alleged a civil theft claim and made three written demands that requested
treble damages in the amount of $54,000.00 – three times the check amount of
$18,000.00 that was deposited into FRA’s account – plus attorneys’ fees....
...Because FRA was named as a valid payee of the check, the appellants did not
obtain or use the property of another, but of their own. The appellants had the
right to deposit the check that named FRA as a co-payee with Pretium.
In addition, the Florida Civil Theft Statute, section 772.11(1), Florida
Statutes (2014), provides that the person claiming a civil theft claim “must make a
written demand for $200 or the treble damage amount of the person liable for
damages.” Here, Pretium mailed three demand letters to...
...Furthermore, we agree with the appellants’ claim that Pretium’s complaint
was not well-pleaded. The Agreement, which was submitted by Pretium with the
complaint, negated its civil theft allegation. In addition to Pretium’s failure to
comply with sections
772.11(1) and
812.014(1), Pretium’s complaint directly
contradicted the Agreement’s assignment clause by indicating an incorrect amount
as its statutory damages....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 16161
...Count I
included an allegation that, as a result of Wells Fargo's actions, Ms. Zurro had been
required to obtain counsel and was obligated to pay counsel a reasonable fee and that
Wells Fargo was liable for Ms. Zurro's attorney's fees pursuant to section 772.11,
Florida Statutes (2011)....
CopyPublished | Florida 1st District Court of Appeal
...After Appellees turned 18 and learned of the
withdrawals, they sent letters to Appellant demanding that he
return the money taken from their accounts. When Appellant did
not respond to the letters, Appellees filed a complaint seeking
damages for (among other claims) civil theft under section
772.11, Florida Statutes....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 12 Fla. L. Weekly Fed. B 213, 1999 Bankr. LEXIS 628
...The single count Complaint set *197 forth Plaintiffs theory that Defendant’s personal use of his business charge card was done intentionally, without his permission, and with the specific intent to wrongfully deprive him of his funds. The suit sought recovery, including treble damages, under Florida Statutes 772.11....
...or to defraud Plaintiff. 9. The state court trial judge found in favor of Plaintiff, for the sum of $3,482.88, and on April 9,1997, entered a Final Judgment against Defendant. That judgment awarded the Plaintiff treble damages under Florida Statutes 772.11, based upon the belief that Plaintiff had proved by “clear and convincing evidence” that Defendant’s conduct violated Florida’s Civil Theft Statute....
...The determination of the issue in the prior litigation must have been a critical and necessary part of the judgment in that earlier action. Halpern, Id. at 1065 . 15. All three requirements have been met in the case before this Court. Florida Statute
772.11 provides that persons who prove by “clear and convincing evidence” that they have been injured in any fashion by reason of a violation of the provisions of Florida Statutes
812.012 -
812.037, relating to theft crimes, are entitled to damag...
...A finding that Defendant’s conduct in so doing was not merely the result of a mistake or recklessness, but was in fact “willful and malicious”, was likewise necessary and critical to the Final Judgment with the adjudication of liability under Florida Statute § 772.11....
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 6213, 2000 WL 668493
...l Anton as evidenced by her affidavit. Thus, a majority of the trustees consented to the commencement of action and was sufficient to satisfy the statute. Accordingly, we affirm the cross-appeal. As to the issue of treble damages, we hold that under section 772.11, Florida Statutes (1995), treble damages are recoverable under a properly entered civil judgment: Any person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of the provisions of ss....
CopyPublished | District Court of Appeal of Florida
preclude a challenge after the ward's death.”); §
772.11(4), Fla. Stat. (“The death of an elderly or disabled
CopyPublished | District Court of Appeal of Florida
Transaction) • Count III—civil theft under section
772.11, Fla. Statutes, against Dov, seeking
CopyPublished | Court of Appeals for the Eleventh Circuit
...The district court held that Bufman’s civil theft claim was related to the Bufinan note and granted summary judgment for the FDIC/Receiver. Florida law creates a civil cause of action for violations of certain criminal theft statutes that are proven by a preponderance of the evidence. Fla.Stat.Ann. § 772.11 (Supp.1995)....
...Edgerly,
121 So.2d 417 (Fla.1960). . The parties do not argue, and nothing in the records suggests, that the terms of Bufman's contract of deposit were varied by agreement. . Bufman does not argue that the bank was required by law to give him notice. . Damages under §
772.11 may be trebled if there is no contractual relationship between the parties....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 2295, 1994 WL 81808
...We affirm the orders of dismissal in favor of appel-lees Dining Delight, Inc., and Craig Bachove, individually. We also affirm the order granting final summary judgment in favor of ap-pellee Craig Bachove, individually. We reverse the trial court’s award of attorney’s fees to Plantation Fountains pursuant to section 772.11, Florida Statutes (1993), the civil remedy for theft statute. The trial court adequately complied with section 772.11 by finding that no substantial factual basis existed upon which appellant could assert a claim for civil theft against Plantation Fountains....
CopyPublished | Florida 1st District Court of Appeal
...reversing order insofar as it reduced his child support obligation);
Robinson v. Robinson,
169 So. 3d 1168 (Fla. 1st DCA 2015) (per
curiam affirmance of post-dissolution order denying former
husband’s supplemental petition to modify parenting plan).
2 See §
772.11, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Dec 12, 2023
...Glass[]” on July 16, 2019, and “personally served Glass at
his residence” with the summons and complaint on July 18, 2019. 2
1 We note that one of the McHughs’ claims was for civil theft under Florida
law. Pursuant to Florida Statute § 772.11(1), “[b]efore filing an action for
damages [for civil theft], the person claiming injury must make a written
demand for $200 or the treble damage amount of the person liable for
damages[.]” Thus, a year earlier, on July 3, 2018, counsel for the McHughs
sent Glass a formal demand letter via e-mail, Federal Express, and certified
mail. The letter demanded “treble damages in the amount of $3,329,520.00”
pursuant to Fla. Stat. § 772.11 within 30 days “based upon the funds
misappropriated by [Glass] from [the McHughs.]” The letter also requested
that Glass advise the McHughs “promptly” if he intended to contest the claims
against him....
...11 Moreover, a year before the litigation started, counsel for the McHughs sent
Glass a demand letter via e-mail, Federal Express, and certified mail
demanding “treble damages in the amount of $3,329,520.00” pursuant to Fla.
Stat. § 772.11 within 30 days....
CopyPublished | Florida 3rd District Court of Appeal | 2008 Fla. App. LEXIS 8444, 2008 WL 2356712
...th only $500 at the time. Following the Defendant’s successful completion of the pretrial intervention program, the State nolle prossed the grand theft charge. On July 1, 2002, the Plaintiff sent a letter to the Defendant, stating that pursuant to section 772.11, Florida Statutes (2001), 1 he was demanding the immediate *700 return of the 1973 sailboat or payment of treble damages in the amount of $24,000, within thirty days....
...ove stated findings [as to intent to deprive and fair market value] entitle Plaintiff to an award of attorney’s fees and costs. Because the demand letter, dated July 1, 2002, did not state an accurate and substantiated value of damages pursuant to 772.11, Florida Statutes and, from the evidence and testimony presented, there were no obvious or reasonable offers of settlement from that date to the present, this award will not grant Plaintiffs attorney his full requested fees through August 8, 2006, or $35,460.00....
...not entitled to an award of attorney’s fees and costs. As to the statutory civil theft claim, the Defendant argued that a condition precedent to an award of attorney’s fees and costs is a written demand for $200 or the treble damage amount. See § 772.11....
...that no such basis exists in this cause. In addition to the Defendant’s arguments objecting to the Plaintiffs entitlement to an award of attorney’s fees, the Defendant argued that he was entitled to an award of attorney’s fees and costs under section
772.11 because the Plaintiff, by seeking $24,000 for a $500 sailboat hull, “raised a claim which was without substantial fact or legal support.” The Defendant also claimed that he was entitled to an award of attorney’s fees against the Plaintiff and his two attorneys under section
57.105(l)(b)....
...Accordingly, we reverse the final judgment entered in favor of the Plaintiff, and remand for further proceedings. Upon remand, the trial court is instructed to refer this matter back to the arbitrator to allow her to reconsider her decision regarding attorney’s fees under sections
57.105(l)(b) and
772.11, in light of the following facts: (1) the Defendant paid $5000 in restitution to the Plaintiff through the pretrial intervention program; (2) the Plaintiffs demand letter sought payment of treble damages in the amount of $24,000, thereby asser...
...s it was no longer rigged with basic sailboat equipment, such as a boom, mast, and sails. Additionally, the trial court is to *703 instruct the arbitrator to address the Defendant’s entitlement to a setoff. Reversed and remanded with directions. . Section 772.11 provides in relevant part as follows: Any person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of the provisions of ss....
...ing that the claimant raised a claim which was without substantial fact or legal support.... Nothing under this section shall be interpreted as limiting any right to recover attorney's fees or costs provided under other provisions of law. . Although section 772.11 provides that prior to commencing a civil theft action, "the person claiming injury must make a written demand for $200 or the treble damage amount of the person liable for damages,” there is no doubt that the Plaintiff demanded much...
CopyPublished | United States Bankruptcy Court, M.D. Florida | 14 Fla. L. Weekly Fed. B 330, 2001 Bankr. LEXIS 970
...d based on the doctrine of collateral estoppel the final judgment resolved all issues between the parties, the *296 non-dischargeability of the judgment, including the right of Diamax to attorney’s fees. The claim in Count II is based on Fla.Stat. 772.11....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 2010 WL 2720734
...[7] Sidney's multi-count civil complaint [8] against Ragucci alleged, among other things, fraud and civil theft involving $7,000,000 of investments or loans Sidney made to BarrierMed. Specifically, in Count III of the civil complaint, Sidney asserted that Ragucci violated Florida's Civil Theft Act, Florida Statute Section 772.11, which provides for treble damages....
...and necessary to the judgment. As to the fourth collateral estoppel prong, the burden of persuasion in this dischargeability proceeding is not heavier than the burden of persuasion in the initial civil action; in fact, it is lighter. Florida Statute Section 772.11 states that civil theft must be proven by clear and convincing evidence, whereas the burden of persuasion in this bankruptcy proceeding is preponderance of the evidence....
CopyPublished | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 15163, 2002 WL 1888741
...The statutory causes of actions alleged by the Plaintiff does not meet with the specifics of the ruling set forth by the Florida Supreme Court in Comptech. The statute alleged in Count II of the Plaintiff's complaint is Florida's civil theft statute, § 772.11....
...In that case, the Florida Supreme Court was looking at Fla.Stat. §§
624.155,
501.213, and
553.84. Id. In each of these statutes there is an express provision that says a remedy will be available whether or not another cause of action may be available. This Court finds no such language within Fla. Stat. §
772.11 or within 18 U.S.C.1962. No where within §
772.11 or § 1962 is there language stating that a remedy should be available despite another cause of action may be available....
CopyPublished | Florida 2nd District Court of Appeal
...After trying unsuccessfully to contact Mr.
Bhandari over several months, Ms. Conklin demanded the return of her
money on April 28, 2020. Mr. Bhandari responded by requesting that
the matter be put "on hold for 60 days." Ms. Conklin declined and
issued a civil theft demand pursuant to section 772.11(1), Florida
Statutes (2020)....
CopyPublished | Florida 2nd District Court of Appeal
...KHOUZAM and ATKINSON, JJ., Concur.
Opinion subject to revision prior to official publication.
4 We note that the victim is free to pursue a claim for civil theft in
the appropriate forum, assuming she can do so prior to the expiration of
the statute of limitations. See § 772.11, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 109, 2015 WL 72444
...2d 143,
145 (Fla. 2d DCA 1983).
The trial court awarded the Floyds damages of $237,000. This amount
consisted of a $15,000 deposit, $30,000 for demolition work, and $34,000 for
unaccounted-for building materials. Under the civil theft statute, section 772.11, Florida
Statutes (2011-12), the trial court tripled the claimed actual damages for a total of
$237,000.
2
Although the Floyds claimed what they perceived to be a liquidated
damage amount, their saying so does not make it so....
CopyPublished | Florida 4th District Court of Appeal
against the defendant seeking damages pursuant to section
772.11, Florida Statutes (2019), entitled, “Civil
CopyPublished | Florida 3rd District Court of Appeal
...n Marfoe,
for appellees.
Before MILLER, GORDO and BOKOR, JJ.
PER CURIAM.
Affirmed. See Sher v. Countrywide Home Loans, Inc.,
848 So. 2d
1246, 1249 (Fla. 4th DCA 2003) (“The trial court’s ruling concerning an
award of fees under [section
772.11, Florida Statutes] is subject to an abuse
of discretion standard of review and shall not be reversed absent competent
record support.”); Ciaramello v. D’Ambra,
613 So. 2d 1324, 1325 (Fla. 2d
DCA 1991) (“[S]ection
772.11 provides a civil remedy for theft. It entitles a
defendant to recover reasonable attorney’s fees and court costs in the trial
and appellate courts ‘upon a finding that the claimant raised a claim which
was without substantial fact or legal support.’” (quoting §
772.11(1), Fla.
Stat.)); Nodal v. Infinity Auto Ins. Co.,
50 So. 3d 721, 724 (Fla. 2d DCA 2010)
(reversing a trial court’s denial of attorney’s fees and costs under section
772.11 only where “no record evidence [supported] the factual or legal basis
for [the] civil theft claim”); Alex Hofrichter, P.A....
CopyPublished | Florida 5th District Court of Appeal
...ave
appropriated the monies for the use of PETER VOIGT and
PRIORITY ONE MANAGEMENT GROUP, LLC. JOHN
ROLLAS provided Defendants with the statutory demand letter
for Civil Theft under Section 772.11, Florida Statutes, and has
satisfied the conditions precedent [to] filing a cause of action for
civil relief under Chapters 772 and 812, Florida Statutes.
Thereafter, Rollas filed a Recovery F...
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 440117, 2013 Fla. App. LEXIS 1846
...this theft? To maintain a cause of action under the civil theft statute one must have been injured by the defendant’s violation of one or more of the provisions of the criminal theft laws found in sections
812.012-037, Florida Statutes (1989). See §
772.11, Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal
...2001) (“In order for a criminal statute to
withstand a void-for-vagueness challenge, the language of the statute must
provide adequate notice of the conduct it prohibits when measured by common
understanding and practice.”).
116 See S.M. v. State,
159 So. 3d 966, 968 n.1 (Fla. Dist. Ct. App. 2015) (citing §
772.11(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...and convincing evidence,” an injury caused by the defendant’s violation of
one or more of the provisions of the criminal theft laws found in sections
9
812.012-037 or section
825.103(1), Florida Statutes. §
772.11(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...purchaser or not, shall divest the owner of his right to such property.
The owner may maintain an action not only against the taker thereof
but also against any person in whose possession he finds the property.
Colo. Rev. Stat. § 18-4-405 (2013).
5 See § 772.11, Fla....
CopyPublished | Florida 4th District Court of Appeal
...here was not sufficient
evidence against them to support the conversion and civil theft damages
of $167,000.
“Civil theft is a statutory form of conversion. . . .” Sarkis v. Pafford Oil
Co., Inc.,
697 So. 2d 524, 528 (Fla. 1st DCA 1997); see §
772.11(1), Fla.
Stat....
CopyPublished | Court of Appeals for the Eleventh Circuit | 1991 WL 154275
...(b) Appropriate the property to his own use or to the use of any person not entitled thereto. Florida law provides a civil remedy for theft for treble damages. This provision was formerly codified at section
812.035(7), but is now codified at Fla.Stat.Ann. §
772.11 (West Supp.1991) ("Any person who proves ......
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 12829, 2003 WL 22014640
...The court held, “[bjecause Snyder brought an action on the claim within five months of administration and before Bell objected, we conclude that section
733.705 precludes an award of attorney’s fees to Snyder.” Id. at 1102 . Alternatively, Snyder argued that he was entitled to fees under section
772.11, Florida Statutes, the Remedies for Criminal Punishment Act. Id. In discussing the apparent conflict between the two statutes, the appellate court said: The trial court found that section
772.11 conflicted with section
733.705 in that it seemingly reduced the time a personal representative may take to object to a claim to thirty days, instead of four months. Although Snyder argues that section
772.11 controls because it is more specific than section
733.705, we conclude that the policy behind the Probate Code establishes that section
733.705 should control....
CopyPublished | Florida 4th District Court of Appeal
...Osber of Conrad & Scherer, LLP, Fort Lauderdale, for
appellees.
KLINGENSMITH, J.
Appellant Nicolaos Mallas appeals the trial court’s final judgment
awarding George Mallas and Haladra, Inc. (collectively referred to as
“appellees”) attorney’s fees and costs under section 772.11, Florida
Statutes (2019), the civil theft statute, and as a sanction....
...ay him his proper share of
distributions as a shareholder of Haladra. Appellant ultimately filed a
voluntary dismissal of the case against all parties. After the dismissal,
appellees filed motions for entitlement to attorney’s fees and costs under
section 772.11 and as a sanction against appellant for various discovery
violations....
...led to an award of fees for their
time spent litigating the case on the merits, the entitlement to fees, and
the amount of fees. In the end, the court awarded appellees $138,362.50
in attorney’s fees, which included an award of fees for fees under section
772.11....
...Dvorak,
663
So. 2d 606, 614 (Fla. 1995) (Wells, J., concurring). When attorney’s fees
are authorized by a statute, that statute must be “strictly construed.” See
Diamond Aircraft Indus., Inc. v. Horowitch,
107 So. 3d 362, 367 (Fla. 2013).
Section
772.11 states the following:
The defendant is entitled to recover reasonable attorney’s fees
and court costs in the trial and appellate courts upon a finding
that the claimant raised a claim that was without substantial
fact or legal support....
...In awarding attorney’s fees and costs
under this section, the court may not consider the ability of
the opposing party to pay such fees and costs. This section
does not limit any right to recover attorney’s fees or costs
provided under any other law.
§ 772.11, Fla....
...t doctrine. See Moakley v.
Smallwood,
826 So. 2d 221, 227 (Fla. 2002); Hicks v. Hicks,
284 So. 3d
576, 578 (Fla. 4th DCA 2019). Therefore, our review of appellees’
entitlement to fees for fees is limited to the statute.
Appellees contend that section
772.11 authorizes an award of fees for
fees because it states that it “does not limit any right to recover attorney’s
fees or costs provided under any other law.” §
772.11, Fla....
...However, the right to recover fees for fees is not
“provided under any other law” that is applicable to this proceeding. See
id. Nor does it appear that there are any Florida state or federal cases that
have determined that an award of fees for fees is proper under section
772.11. The above-quoted language in section 772.11 is not as broad as
the contractual language in Waverly and does not afford the court as much
discretion as the statutory language in Schnieder....
...3d
at 389 (the contractual provision that authorized fees for “any litigation”
also authorized an award of fees for fees); Schnieder,
32 So. 3d at 158 (the
discretionary language in section
61.16 authorized an award of fees for
fees). Therefore, section
772.11 cannot support an award of fees for fees.
Appellees also contend that they may recover fees for fees as a sanction
for appellant’s discovery violations....
...None of these provisions provide sufficient discretion
to allow for the trial court to award attorney’s fees for time spent litigating
the amount of attorney’s fees under rule 1.380.
Therefore, we agree with appellant that the trial court erred in awarding
appellees their fees for fees pursuant to section 772.11....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 22 Fla. L. Weekly Fed. B 415, 2010 Bankr. LEXIS 1096
...ered on July 23, 2004, and a Final Judgment for Attorney's Fees and Costs in the total amount of $47,318, entered on July 26, 2004. The Final Judgment arose from a jury finding of civil theft and consisted of treble damages as provided in Fla. Stat. § 772.11....
CopyPublished | District Court of Appeal of Florida
CopyPublished | United States Bankruptcy Court, M.D. Florida | 2011 WL 1656218
...CONCLUSIONS OF LAW Plaintiff's Amended Complaint contains two counts: (i) Count I seeks turnover of $55,000.00, plus interest and Court costs, from Defendant; and (ii) Count II alleges Defendant committed civil theft of $80,000.00 pursuant to Florida Statutes Section 772.11 and seeks three times the amount due as damages, prejudgment interest, attorney's fees, and costs....
...Section 542(b). Id. Judgment is due to be entered in favor of Defendant and against Plaintiff on Count I pursuant to 11 U.S.C. Sections 542(a) and 542(b). Count II Plaintiff asserts in Count II Defendant committed civil theft pursuant to Fla. Stat. Section 772.11 by using the gambling cards knowing he was not entitled to credits of $99,999,999.99. Plaintiff seeks an award of treble damages, prejudgment interest, attorney's fees, and costs. Plaintiff neither pled in its Amended Complaint nor presented at trial any other statutory law relating to its Count II allegations. Fla. Stat. Section 772.11 is not a stand-alone statutory provision....
...It provides for an award of civil damages where a plaintiff first establishes, by clear and convincing evidence, he has been injured by a violation of certain provisions of Chapter 812 of the Florida Statutes, which pertain to theft, robbery, and related crimes, and exploitation of an elderly person or disabled adult. Section 772.11 provides: Any person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of ss....
...825.103(1) has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney's fees and court costs in the trial and appellate courts. FLA. STAT. §
772.11 ( emphasis added ). The provision of Chapter 12 Plaintiff apparently relies on is Fla. Stat. Section
812.014(1) which defines theft for purposes of Fla. Stat. Section
772.11 as: A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property....
...(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property. FLA. STAT. §
812.014(1). [8] Establishing all of the elements of Section
812.014(1), including "felonious intent," for a finding of civil theft is a fundamental predicate to an award of damages pursuant to Section
772.11....
...ate the property to his own use. FLA. STAT. §
812.014(1). Defendant would be subjected to additional punishments inconsistent with maritime law, including treble damages and payment of attorney's fees and costs if Fla. Stat. Sections
812.014(1) and
772.11 were applied. GE Seaco Servs., Ltd. v. Interline Connection, N.V., No. 09-23864-CIV,
2011 WL 98406, at *5 (S.D.Fla. Jan. 12, 2011) (holding the attorney's fees and treble damages provisions of Fla. Stat. Section
772.11 are incompatible with maritime law)....
...Plaintiff did not establish Defendant has property of the Debtor or owes a matured debt to the Debtor pursuant to 11 U.S.C. Sections 542(a) and 542(b). Plaintiff did not establish "actual damages sustained," which is the basis for any treble damages award pursuant to Fla. Stat. Section 772.11....
...It, at trial, asserted it suffered damages of $86,000.00 [6] Pl's Ex. 7. [7] Doc. No. 11 at 4-5. [8] Plaintiff sent a demand letter to Defendant on November 3, 2009 (Doc. No. 11, Ex. 1) asserting $70,000.00 was misappropriated and citing Fla. Stat. Sections
772.11 and
812.014(1)....
CopyPublished | Florida 4th District Court of Appeal
...For reasons not relevant to the issue being addressed in this
opinion, the FD Parties sued the Pugliese Parties for civil theft. The jury
ultimately awarded the FD Parties $2.9 million in compensatory damages
on that count. Pursuant to the civil theft statute, section 772.11, Florida
Statutes, the court trebled that amount....
