CHUCK ST. JOHN, APPELLANT,
v.
DIANE KUPER, APPELLEE
CHUCK ST. JOHN, APPELLANT,
DIANE KUPER, APPELLEE
489 So. 2d 833
Florida District Court of Appeal, Third District (1986)
Caution
Cited by 20 cases
Opinion of the Court
PER CURIAM.
We agree with the appellee that the trial court properly entered a final summary judgment upon a holding that there is no evidence which would establish criminal intent under section 812.014(1), Florida Statutes (1983), in order to support this civil theft action under section 812.035(7), Florida Statutes (1983). See American International Realty, Inc. v. Southeast First National Bank of Miami, 468 So. 2d 383 (Fla. 3d DCA 1985).
Affirmed.
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Miller v. Schou, 616 So. 2d 436 (Fla. 1993)…on of a financial affidavit. Schou argues that requiring the financial affidavit was an abuse of the trial court’s discretion because his stipulation of ability to pay removed his financial status as an issue in the case. See, e.g., Calvo v. Calvo, 489 So. 2d 833, 834 (Fla. 3d DCA1986) (ordering trial court to grant motion for protective order where party’s financial status irrelevant to any issue before court). This argument may have had merit if the child’s needs were the only issue left to be decided, but…
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Country Manors Ass'n, Inc. v. Master Antenna Sys., Inc., 534 So. 2d 1187 (Fla. 4th DCA 1988)…of a right to the property or a benefit therefrom. (b) Appropriate the property to his own use or to the use of any person not entitled thereto. Furthermore, to establish an action for civil theft, one must show criminal intent. St. John v. Kuper, 489 So. 2d 833 (Fla. 3d DCA 1986). Criminal intent is defined in section 812.014, Florida Statutes (1987), as the intent to “temporarily or permanently” deprive or appropriate the property of another. The Florida Supreme Court has interpreted this section to requi…1 / 2
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Eyster v. Eyster, 503 So. 2d 340 (Fla. 1st DCA 1987)…circumstances are not relevant in alimony modification proceedings to address the former wife’s claim of increased financial need if the former husband stipulates to his financial ability to pay a reasonable increase in alimony. See Calvo v. Calvo, 489 So. 2d 833 (Fla. 3d DCA 1986); Alterman v. Alterman, 361 So. 2d 773 (Fla. 3d DCA 1978), cert. denied, 368 So. 2d 1361 (Fla.1979). In this modification proceeding, since the husband admits to being able to pay any reasonable increase in alimony, the sole dispu…1 / 2
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- Am. Int'l Realty, Inc. v. Se. First Nat'l Bank OF Miami, 468 So. 2d 383 (Fla. 3d DCA 1985)