SKYLIGHT CORPORATION D/B/A THE BLUE ROOM LOUNGE, APPELLANT,

v.

STATE OF FLORIDA, DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, APPELLEE

Citator

Cited By (63 total)

• Morton L. Ginsberg & MLG Props., Inc. v. Lennar Fla. Holdings, 645 So. 2d 490 (Fla. 3d DCA 1994)
  …nts, Count I would still fail to state a cause of action. Count I fails because Lennar does not allege that they have made a demand13 for return of the rents or that such a demand, if made, would have been futile. See Senfeld v. Bank of Nova Scotia, 450 So. 2d 1157 (Fla. 3d DCA 1984). A conversion occurs when a person who has a right to possession of property demands its return and the demand is not or cannot be met. However a demand and refusal are unnecessary were it would be futile and the act preventing a…
• Murray Rosen v. Marlin, 486 So. 2d 623 (Fla. 3d DCA 1986)
  …is not a case where a party intentionally received a specifically identifiable sum of money knowing that he had no right to take it and who refused to give it back as was the case in Senfeld v. Bank of Nova Scotia Trust Company Cayman, [*626] Ltd., 450 So. 2d 1157 (Fla.3d DCA 1984). This is not a case where a party refused to pay over to the demanding party a specific fund capable of separate identification required to be deposited into a special account as was the case in Aero International Corp. v. Florida…
• Country Manors Ass'n, Inc. v. Master Antenna Sys., Inc., 534 So. 2d 1187 (Fla. 4th DCA 1988)
  …ge Stone argues that the facts adduced at trial did not support a finding of conversion, because Master Antenna did not “demand” the return of the system. However, a conversion can be shown without a demand. Senfeld v. Bank of Nova Scotia Trust Co., 450 So. 2d 1157 (Fla. 3d DCA 1984). Thus, the alleged insufficiency of the evidence in the instant case does not constitute plain error apparent on the face of the record which if not noticed will result in a manifest miscarriage of justice. Id. Accordingly, we af…

Authorities Cited

• Pauline v. LEE, 147 So. 2d 359 (Fla. 2d DCA 1962)
• Lash, Inc. v. State, 411 So. 2d 276 (Fla. 3d DCA 1982)