(DOWNLOAD) "Harold M. Hodges and Helen Hodges v. Division Administration" by Second District Court of Appeal of Florida " Book PDF Kindle ePub Free
eBook details
- Title: Harold M. Hodges and Helen Hodges v. Division Administration
- Author : Second District Court of Appeal of Florida
- Release Date : January 10, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
A jury returned a verdict finding by a preponderance of the evidence that Norman Senfeld wrongfully deprived the appellee, The Bank of Nova Scotia Trust Company (Cayman) Limited, of $10,000 that belonged in the Trust Companys possession and, additionally, that Senfeld knowingly obtained or used this money with an intent to deprive the Trust Company of a right to or benefit from it, or with an intent to appropriate it to his own use. Based upon the latter finding, which in effect determined that Senfeld had violated Floridas Anti-Fencing Act, more commonly called the theft statute, see §§ 812.012, et seq., Fla.Stat. (1983), the trial court, pursuant to Section 812.035(7), tripled the damages found by the jury and entered judgment against Senfeld for $30,000.{/Cite} Senfeld appeals contending, as he did below, that (1) the Trust Companys counts for conversion, replevin and theft, having been filed more than five years after Senfelds receipt of the $10,000 in question in 1975, were barred by the applicable statutes of limitations; (2) the theft statute, authorizing the tripling of actual damages, was enacted in 1977 and cannot be retroactively applied to a taking which occurred in 1975; (3) the Trust Companys claim under the theft statute was required to be proved beyond a reasonable doubt; and (4) it was the jurys, not the trial courts, function to triple the damages.{/Cite} We reject Senfelds contentions and affirm.
 "Harold M. Hodges and Helen Hodges v. Division Administration" by Second District Court of Appeal of Florida " Book PDF Kindle ePub Free){kind=link}