SEBASTIANO v. SCLAFANI

No. 4D07-3088.

984 So.2d 673 (2008)

James SEBASTIANO, Appellant, v. Joseph SCLAFANI, Joan Rogers, Leo Cueto, Leo Cueto as Trustee, and 3 Golden Holdings, LLC, Appellees.

District Court of Appeal of Florida, Fourth District.

June 25, 2008.


Attorney(s) appearing for the Case

James Sebastiano, Jasper, pro se.

Steven M. Goldsmith of Steven M. Goldsmith, P.A., Boca Raton, and William R. Ponsoldt, Jr. of Wright, Ponsoldt & Lozeau, Trial Attorneys, L.L.P., Stuart, for appellee Joseph Sclafani.


PER CURIAM.

We reverse the summary final judgment for recalculation of damages. The judgment awarded treble damages under the civil theft statute. In a related criminal case, appellant James Sebastiano was convicted of grand theft and organized fraud. The judgment incorrectly computed prejudgment interest on the amount of trebled damages, instead of the actual damages. Prejudgment interest should be awarded only on the amount stolen, not on the amount as trebled under...

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