EDUARDO OROZCO v. MCCORMICK 105, LLC ( 2021 )


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  •       Third District Court of Appeal
    State of Florida
    Opinion filed September 15, 2021.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D20-1087
    Lower Tribunal No. 14-7686
    ________________
    Eduardo Orozco,
    Appellant,
    vs.
    McCormick 105, LLC,
    Appellee.
    An Appeal from the Circuit Court for Miami-Dade County, Barbara
    Areces, Judge.
    ADR Miami LLC, and Juan Ramirez, Jr., for appellant.
    Law Firm of Gary M. Singer, P.A., and Gary M. Singer (Fort
    Lauderdale), for appellee.
    Before FERNANDEZ, C.J., and LOGUE and BOKOR, JJ.
    PER CURIAM.
    Affirmed. See McCormack v. Flens, 
    27 So. 3d 179
    , 181 (Fla. 2d DCA
    2010) (affirming jury verdict and finding that defendant’s refusal to return
    funds after acknowledging that they belonged to plaintiff satisfied the
    felonious intent requirement); see also Masvidal v. Ochoa, 
    505 So. 2d 555
    ,
    556 (Fla. 3d DCA 1987) (holding that that the defendant committed
    embezzlement, conversion, and civil theft where “the defendant lawfully
    obtained possession of the plaintiff’s funds to set up the escrow fund and
    thereafter converted the funds for his own use”).
    2
    

Document Info

Docket Number: 20-1087

Filed Date: 9/15/2021

Precedential Status: Precedential

Modified Date: 9/15/2021