Torts — Civil theft — Default — Plaintiff’s civil theft claim was invalid — Defendant insurance adjuster did not obtain or use the property of plaintiff by depositing check naming defendant as a co-payee with plaintiff where agreement between parties provided that plaintiff agreed to assign its funds to defendant — Further, plaintiff’s demand letters to defendant were deficient because they requested more than the allowable amount of treble damages — Agreement which was submitted by plaintiff with complaint negated civil theft allegations — Trial court abused discretion in granting unliquidated treble damages on erroneously alleged civil theft claim
43 Fla. L. Weekly D2575a
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