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O'DONNELL v. ARCOIRIES, INC.

Nos. 88-1398, 88-2007, and 88-2954.

561 So.2d 344 (1990)

Thomas O'DONNELL and Frazer Oil and Gas Company, Appellants, v. ARCOIRIES, INC., a Florida Corporation, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

April 25, 1990.

Attorney(s) appearing for the Case

John Beranek of Aurell, Radey, Hinkle & Thomas, Tallahassee, Gerald S. Lesher of Cooney, Ward & Lesher, and Klein & Walsh, P.A., West Palm Beach, for appellants.

Kevin J. O'Grady and Mimi Sall-Pritchard of Ruden, Barnett, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellee-Arcoiries, Inc.

Charles D. Franken of Charles D. Franken, P.A., Plantation, for appellee — Levinson and Tax Consultants, Inc.

William R. Wicks, III of Nicklaus, Valle, Craig & Wicks, Miami, for appellee — Capp, Reinstein, Kopelowitz & Atlas, P.A.

STONE, Judge.

This is an appeal from a judgment following a jury verdict for plaintiff on separate counts for civil theft, fraud and breach of fiduciary duty. Evidence showed the appellants fraudulently obtained and diverted appellee's funds intended for use in a partnership purchase of oil leases. We affirm.

The appellants argue this was essentially a partnership claim and the plaintiff had no standing. However...

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