HOFRICHTER v. ZUCKERMAN & VENDITTI

No. 96-2808.

710 So.2d 127 (1998)

ALEX HOFRICHTER, P.A., f/k/a Hofrichter & Quiat, P.A., Appellant, v. ZUCKERMAN & VENDITTI, P.A., Donald S. Zuckerman, P.A., and Donald S. Zuckerman, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 10, 1998.


Attorney(s) appearing for the Case

Ginsberg & Schwartz, and Alex Hofrichter, and Todd R. Schwartz, Miami, for appellant.

Lekach, Klitzner & Ansel, Cooper & Wolfe and Sharon Wolfe and Barbara A. Silverman, Miami, for appellees.

Before SCHWARTZ, C.J., and COPE and GREEN, JJ.


COPE, Judge.

The question presented is whether the economic loss rule bars a claim for conversion, civil theft, and constructive fraud where a defendant has converted partnership funds to personal use. We conclude that the economic loss rule does not bar such claims.

Plaintiff-appellant Alex Hofrichter, P.A., formerly known as Hofrichter & Quiat, P.A., and defendant-appellee Donald S. Zuckerman, P.A., by oral agreement formed the law partnership of Hofrichter...

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