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ALL CARGO TRANSPORT, INC. v. FLA. EAST COAST RY. CO.

No. 76-2359.

355 So.2d 178 (1978)

ALL CARGO TRANSPORT, INC., Appellant, v. FLORIDA EAST COAST RAILWAY COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 10, 1978.

Attorney(s) appearing for the Case

Richard F. Ralph, Miami, for appellant.

Stephen T. Onuska, Miami, John W. Humes, Jr., St. Augustine, for appellee.

Before PEARSON, NATHAN and HUBBART, JJ.

HUBBART, Judge.

This is an action for conversion of money which was dismissed by the Dade County Circuit Court. The plaintiff appeals.

The question presented for review is whether it constitutes the tort of conversion for a creditor to receive from a debtor certain funds specifically designated by the debtor for payment on a particular debt, to apply such funds in full payment of the designated debt but refuse to return to the debtor any overpayment of funds...

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