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W.C.P.S. OF FLORIDA INC. v. STANDARD BRANDS OF AMERICA

No. 97-0517.

707 So.2d 416 (1998)

W.C.P.S. OF FLORIDA, INC., a Florida corporation, Appellant, v. STANDARD BRANDS OF AMERICA, Edward H. McCluskey, Edward V. McCluskey, Matthew J. Cohen, and Derek J. McCluskey, Appellees.

District Court of Appeal of Florida, Fourth District.

March 25, 1998.

Attorney(s) appearing for the Case

Elizabeth M. Bohn of Jorden, Burt, Berenson & Johnson LLP, Miami, for appellant.

Paula Revene of Paula Revene, P.A., Fort Lauderdale, for appellees.

PER CURIAM.

We affirm the trial court's dismissal of the complaint against the individual defendants on the ground that it does not state a cause of action against the individuals. As to Count II, based on section 634.421, Florida Statutes (1995), the complaint does not allege that the appellees individually violated the statute by receiving funds and diverting them to their own use. As to Count III, for conversion, it is not actionable under Gambolati v. Sarkisian...

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