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GOTHARD v. GOTHARD

No. 1D06-3005.

954 So.2d 736 (2007)

William L. GOTHARD, Appellant, v. Walter Keith GOTHARD, Appellee.

District Court of Appeal of Florida, First District.

April 26, 2007.

Attorney(s) appearing for the Case

Robert O. Beasley and Chris K. Ritchie, of Litvak Beasley & Wilson, LLP, Pensacola, for Appellant.

Patrick S. Martin, of Patrick S. Martin, P.A., Pensacola, for Appellee.

BARFIELD, J.

We hold that the trial court erred as a matter of law in finding that it had no subject matter jurisdiction to consider a complaint for civil theft, "[b]ecause plaintiff did not wait the required thirty (30) days before filing suit." Section 722.11, Florida Statutes, requires that a person, "[b]efore filing an action under this section" seeking treble damages for civil theft "must make a written demand for payment," and provides that if the person to...

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