TRANSWAY AIRFREIGHT CARGO, INC. v. MOHAMMED BILTAGI ( 2022 )


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  •       Third District Court of Appeal
    State of Florida
    Opinion filed May 18, 2022.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D21-1307
    Lower Tribunal No. 19-35052
    ________________
    Transway Airfreight Cargo, Inc.,
    Appellant,
    vs.
    Mohammed Biltagi,
    Appellee.
    An Appeal from the Circuit Court for Miami-Dade County, Valerie R.
    Manno Schurr, Judge.
    Blaxberg, Grayson, Kukoff & Forteza, P.A., Moises T. Grayson and
    Lissette Garcia, for appellant.
    Blanck & Cooper, P.A., and Jonathan S. Cooper, for appellee.
    Before LINDSEY, GORDO and BOKOR, JJ.
    PER CURIAM.
    Affirmed. Flatirons Bank v. Alan W. Steinberg Ltd. P’ship, 
    233 So. 3d 1207
    , 1212 (Fla. 3d DCA 2017) (“We affirm because the trial court’s findings
    are supported by competent, substantial evidence.”); Star Fruit Co. v. Eagle
    Lake Growers, 
    33 So. 2d 858
    , 860 (Fla. 1948) (“The gist of a conversion has
    been declared to be not the acquisition of the property of the wrongdoer, but
    the wrongful deprivation of a person of property to the possession of which
    he is entitled. A conversion consists of an act in derogation of the plaintiff’s
    possessory rights, and any wrongful exercise or assumption of authority over
    another's goods, depriving him of the possession, permanently or for an
    indefinite time, is a conversion.”); Senfeld v. Bank of Nova Scotia Tr. Co.
    (Cayman) Ltd., 
    450 So. 2d 1157
    , 1161 (Fla. 3d DCA 1984) (“Where a person
    having a right to possession of property makes demand for its return and the
    property is not relinquished, a conversion has occurred. But while a demand
    and refusal constitute evidence that a conversion has occurred, it is
    unnecessary to prove a demand and refusal where the conversion can be
    otherwise shown.”).
    2
    

Document Info

Docket Number: 21-1307

Filed Date: 5/18/2022

Precedential Status: Precedential

Modified Date: 5/18/2022