DADE ROOFING AND INSULATION CORP., A FLORIDA CORPORATION, APPELLANT/CROSS-APPELLEE,
v.
GUILLERMO TORRES, APPELLEE, A-1-A INSULATION, INC., A FLORIDA CORPORATION, APPELLEE/CROSS-APPELLANT
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Individual corporate officers are personally liable for their tortious acts, even if performed within the scope of employment. The summary judgment for Torres is reversed.
Appellant sued A-1-A and its president, Torres, alleging they took and appropriated appellant's trucks and roofing equipment. The trial court entered …
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PER CURIAM.
Appellant Dade Roofing and Insulation Corp. appeals adverse summary final judgment entered in favor of Guillermo Torres. Cross-appellant A — 1—A Insulation, Inc. appeals an adverse final judgment entered against it and in favor of appellant Dade Roofing and Insulation Corp., pursuant to a jury verdict in the amounts of $10,500.00 compensatory damages and $2,000.00 punitive damages.
Appellant’s amended complaint alleged that A-l-A and its president Torres took and appropriated certain trucks and roofing equipment belonging to appellant and that they acted willfully and with malice. Compensatory and punitive damages were claimed.
It is appellant’s contention on appeal that the trial court erred in entering summary final judgment in favor of Torres, inasmuch as, the evidence showed that he personally participated in the conversion of the trucks and roofing equipment.
We find merit in this contention and reverse the summary final judgment' entered in favor of Torres. Individual officers and agents of a corporation are personally liable to any third person even if such acts are performed within the scope of their employment or as corporate officers or agents. Odell v. Signer, 169 So. 2d 851 (Fla. 3d DCA 1964); CIC Leasing Corp. v. Dade Linen and Furniture Co., 279 So. 2d 73 (Fla. 3d DCA 1973).
We have also considered the points raised by A-l-A in its cross-appeal and have found them to be without merit. Therefore, the summary final judgment in favor of Guillermo Torres is reversed and the cause is remanded for further proceeding as to Torres. The judgment entered against A-l-A Insulation, Inc. is affirmed.
Affirmed in part and reversed and remanded in part.
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Littman v. Commercial Bank & Tr. Co., 425 So. 2d 636 (Fla. 3d DCA 1983)…se, Inc., 388 So. 2d 1279 (Fla.3d DCA 1980); Bush v. Belenke, 381 So. 2d 315, 316 (Fla.3d DCA 1980); CIC Leasing Corp. v. Dade Linen and Furniture Co., 279 So. 2d 73 (Fla.3d DCA 1973) and cases cited; see Dade Roofing and Insulation Corp. v. Torres, 369 So. 2d 98 (Fla.3d DCA 1979). Since Irving Littman personally handled the purchase and resale of the fork lift, he is individually liable for the tort alleged herein and the trial court properly denied his motion to dismiss. Orlovsky v. Solid Surf, Inc., 405 S…
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Bernard Adams (a misnomer whose correct name is Bernard Abrams) v. Brickell Townhouse, Inc., 388 So. 2d 1279 (Fla. 3d DCA 1980)…ted, individual officers and agents of a corporation are personally liable to any third person even if such acts are performed within the scope of their employment or as corporate officers or agents. See Dade Roofing and Insulation Corp. v. Torres, 369 So. 2d 98 (Fla. 3d DCA 1979). Bush v. Belenke, 381 So. 2d 315, 316 (Fla. 3d DCA 1980). CIC Leasing Corp. v. Dade County Linen and Furniture Co., 279 So. 2d 73 (Fla. 3d DCA 1973). The ruling below is defended on the ground that facts necessary to disregard t…
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Bush v. Burt Belenke, 381 So. 2d 315 (Fla. 3d DCA 1980)…ther, individual officers and agents of a corporation are personally liable to any third person even if such acts are performed within the scope of their employment or as corporate officers or agents. See Dade Roofing and Insulation Corp. v. Torres, 369 So. 2d 98 (Fla.3d DCA 1979). In addition, in a replevin action, although possession by the defendant of the subject property is essential, actual manual possession is not necessary. It is sufficient if a defendant has constructive possession, that is has such…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Odell v. Burton R. Signer and David Marks, 169 So. 2d 851 (Fla. 3d DCA 1964)
- CIC Leasing Corp. v. Dade Linen & Furniture Co., 279 So. 2d 73 (Fla. 3d DCA 1973)