MADNESS, L.P. v. DITOCCO KONSTRUCTION, INC.

No. 4D03-1697.

873 So.2d 427 (2004)

MADNESS, L.P., Appellant, v. DiTOCCO KONSTRUCTION, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 3, 2004.


Attorney(s) appearing for the Case

Gerald F. Richman and John R. Whittles of Richman, Greer, Weil, Brumbaugh, Mirabito & Christensen, P.A., West Palm Beach, for appellant.

Jeffrey L. Kronengold of Gillespie, Goldman & Kronengold, P.A., Ft. Lauderdale, for appellee.


KLEIN, J.

Stopping payment on a check with intent to defraud can, by statute, subject the maker to triple the amount owed. In this case a property owner planning improvements issued a check for advance payment to a general contractor, but several days later, before the job was started, stopped payment and notified the contractor not to proceed. We conclude that there could have been no intent to defraud.

We review the facts in a light most favorable to the...

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