THERESA COLANGELO, APPELLANT,
v.
STONE FLEX, INC. OF FLA. APPELLEE
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Damages for conversion are limited to the fair market value of the property at the time of conversion, not replacement value.
Appellant was found liable for conversion of appellee's property. The trial court awarded damages based on invoices from 1972-1983 and speculative tes…
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PER CURIAM.
We affirm that part of the judgment which holds appellant liable for conversion of appellee’s property. We reverse the amount awarded as damages. In Gillette v. Stapleton, 336 So. 2d 1226 (Fla.2d DCA 1976), the court pointed out that in a claim for conversion:
The Supreme Court of Florida has specifically stated that damages for conversion are limited to the reasonable value of the property when converted and are not to be based on the replacement value. Lilly v. Bronson, 1937, 129 Fla. 675, 177 So. 218. Thus, compensatory damages are not properly assessed according to the value of a replacement unit. ... It is well settled in Florida and other jurisdictions that the measure of damages in an action for conversion is the fair market value of the property at the time of the conversion plus legal interest to the date of the verdict.
Id. at 1227.
The invoices placed in evidence by appel-lee show the price paid for the items during the period from 1972-1983. Mr. Wolffs testimony that he thought the property had a value of $34,000 is too speculative and indefinite to support the amount of the damage award. In short, this record does not contain evidence from which the court could determine the value at the time of the conversion of the items converted.
Accordingly, we affirm the judgment finding liability in favor of appellee. We reverse and remand this case for a new trial on damages.
AFFIRMED IN PART; REVERSED IN PART and REMANDED.
DOWNEY, DELL and STONE, JJ., concur.
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Palm Beach Fla. Hotel & Off. Bldg. Ltd. P'ship v. Nantucket Enters., Inc., 211 So. 3d 42 (Fla. 4th DCA 2016)…ally, aside from the testimony that $45,000 of food and liquor had been converted, Tenant failed to offer any evidence as to the value of its fixtures and personal property when that property was converted. See Colangelo v. Stone Flex, Inc. of Fla., 551 So. 2d 565, 566 (Fla. 4th DCA 1989) (reversing where the “record d[id] not contain evidence from which the court could determine the value at the time of the conversion of the items converted”). For these reasons, we reverse the award of conversion damages. S…
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Rosenthal v. Equus Prop. Owners Ass'n, Inc., 369 So. 3d 719 (Fla. 4th DCA 2023)…la. 4th DCA 1987)). Our supreme court “has specifically stated that damages for conversion are limited to the reasonable value of the property when converted and are not to be based on the replacement value.” Colangelo v. Stone Flex, Inc. of Fla., 551 So. 2d 565, 566 (Fla. 4th DCA 1989) (quoting Gillette v. Stapleton, 336 So. 2d 1226, 1227 (Fla. 2d DCA 1976)) (and citing Lilly v. Bronson, 177 So. 218, 219 (Fla. 1937)). Accordingly, “compensatory damages are not properly assessed according to the value of a…
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Klein v. 17121 Jade Ocean Condo, LLC (Fla. 3d DCA 2025)…property is the property’s market value on the date of the loss, not the property’s replacement cost. See McDonald Air Conditioning, Inc. v. John Brown, Inc., 285 So. 2d 697, 698 (Fla. 4th DCA 1973); see also Colangelo v. Stone Flex, Inc. of Fla., 551 So. 2d 565, 566 (Fla. 4th DCA 1989); C.W.B. Enters., Inc. v. K.A.T. Equip. Corp., 449 So. 2d 354, 355 (Fla. 3d DCA 1984); Gillette v. Stapleton, 336 So. 2d 1226, 1227 (Fla. 2d DCA 1976); Allied Van Lines v. McKnab, 331 So. 2d 319, 320 (Fla. 2d DCA 1976); Allst…
Authorities Cited
- Boyce Gillette v. Stapleton, 336 So. 2d 1226 (Fla. 2d DCA 1976)
- Lilly v. Bronson, 129 Fla. 675 (Fla. 1937)