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CAPITAL PARTNERS INV. CO. v. AM. INV GROUP, INC.

No. 85-481.

500 So.2d 249 (1986)

CAPITAL PARTNERS INVESTMENT COMPANY, INC., Appellant/Cross Appellee, v. AMERICAN INVESTMENT GROUP, INC., Frank G. Baldwin, Each Individually and As General Partner of the Limited Partnership Defendants; Economic Recovery Associates, Ltd., III, a Limited Partnership; Realty Investment Fund, Ltd., 1976-C, a Limited Partnership; Economic Recovery Associates, Ltd., VI, a Limited Partnership; American Investment Group, Ltd., Xiv, a Limited Partnership; and American Investment Group, Ltd., I, a Limited Partnership, Appellees/Cross Appellants.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 23, 1987.

Attorney(s) appearing for the Case

Philip M. Burlington, of Edna L. Caruso, P.A., and Montgomery, Lytal, Reiter, Denney & Searcy, P.A., West Palm Beach, for appellant/cross appellee.

Jane Kreusler-Walsh and Larry Klein of Klein & Beranek, P.A., West Palm Beach, for appellees/cross appellants.

GLICKSTEIN, Judge.

This appeal by the plaintiff arises out of the judgment which awarded it over $100,000 in sales commissions but denied recovery on its claim for treble damages under the civil theft statute. The cross appeal has been abandoned.

We affirm, but for a different reason from that upon which the trial court relied in denying the claim, namely:

Plaintiff's claim for statutory theft against all Defendants is rejected on the facts presented...

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