TOTALE, INC. v. SMITH

No. 4D02-4801.

877 So.2d 813 (2004)

TOTALE, INC., a Florida corporation, and Harold Van Arnem, Appellants, v. Donald C. SMITH, Appellee.

District Court of Appeal of Florida, Fourth District.

July 7, 2004.


Attorney(s) appearing for the Case

Drew M. Levitt and Lee D. Sarkin, Boca Raton, for appellants.

Robert B. Macaulay, Isaac J. Mitrani and Pamela Chamberlin of Mitrani, Rynor, Adamsky & Macaulay, P.A., Miami, for appellee.


GROSS, J.

In the circuit court, Donald Smith brought suit against appellants, Totale, Inc. and Harold Van Arnem, over a $100,000 investment gone bad. A jury found that (1) both Totale and Van Arnem had committed securities fraud and common law fraud; (2) Totale was unjustly enriched at Smith's expense; and (3) that Totale, but not Van Arnem, had committed civil theft. The jury assessed damages of $350,000.

We write to address the propriety of the damage award...

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