ATLANTIC CIVIL, INC. v. SWIFT

No. 3D12-1189.

118 So.3d 271 (2013)

ATLANTIC CIVIL, INC., Appellant, v. Edwin O. SWIFT, etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 23, 2013.


Attorney(s) appearing for the Case

Shubin & Bass and Jeffrey S. Bass and Katherine R. Maxwell ; Hershoff, Lupino, & Yagel, LLP and James S. Lupino , Tavernier, for appellant.

Cole Scott & Kissane and Kristen A. Tajak , Miami, for appellees.

Before WELLS and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.


SCHWARTZ, Senior Judge.

As a matter of law, the defendants' unjustified and deliberate denial of access to what all agreed was the plaintiff appellant's property, a large quantity of "fill" used in road construction, which had been stored on the appellee's land by mutual agreement, constituted a conversion of that material which required the entry of a judgment in the appellant's favor for its established value. See Thomas v. Hertz Corp., 890...

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