W.C.P.S. v. Standard Brands, America

Full title: W.C.P.S. OF FLORIDA, INC., a Florida corporation, Appellant, v. STANDARD…

Court: District Court of Appeal of Florida, Fourth District

Date published: Mar 25, 1998

707 So. 2d 416 (Fla. Dist. Ct. App. 1998)

Opinion

Case No. 97-0517.

Opinion filed March 25, 1998. JANUARY TERM 1998.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John A. Frusciante, Judge; L.T. Case No. 96-10396-11.

Elizabeth M. Bohn of Jorden, Burt, Berenson Johnson LLP, Miami, for appellant.

Paula Revene of Paula Revene, P.A., Fort Lauderdale, for appellees.

PER CURIAM.

We affirm the trial court's dismissal of the complaint against the individual defendants on the ground that it does not state a cause of action against the individuals. As to Count II, based on section 634.421, Florida Statutes (1995), the complaint does not allege that the appellees individually violated the statute by receiving funds and diverting them to their own use. As to Count III, for conversion, it is not actionable underGambolati v. Sarkisian, 622 So.2d 47 (Fla. 4th DCA 1993). Count IV, assuming it alleges civil theft independent from a violation of section 634.421(2), is not actionable underRosen v. Marlin,486 So.2d 623 (Fla. 3d DCA 1986).

POLEN, KLEIN and GROSS, JJ., concur.