Orozco v. McCormick 105, LLC

Full title: Eduardo Orozco, Appellant, v. McCormick 105, LLC, Appellee.

Court: Florida Court of Appeals, Third District

Date published: Sep 15, 2021

No. 3D20-1087 (Fla. Dist. Ct. App. Sep. 15, 2021)

Opinion

3D20-1087

09-15-2021

Eduardo Orozco, Appellant, v. McCormick 105, LLC, Appellee.

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.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing.

An Appeal from the Circuit Court for Miami-Dade County, Lower Tribunal No. 14-7686 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").