MARTY V. ELLINGTON, APPELLANT,

v.

STATE OF FLORIDA, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, APPELLEE

Citator

Cited By

• Schilling v. Herrera, 952 So. 2d 1231 (Fla. 3d DCA 2007)
  …following elements: (1) the existence of an expectancy; (2) intentional interference with the expectancy through tortious conduct; (3) causation; and (4) damages. Claveloux v. Bacotti, 778 So. 2d 399, 400 (Fla. 2d DCA 2001)(citing Whalen v. Prosser, 719 So. 2d 2, 5 (Fla. 2d DCA 1998)). The court in Whalen clearly explained that the purpose behind this tort is to protect the testator, not the beneficiary: Interference with an expectancy is an unusual tort because the beneficiary is authorized to sue to reco…
• Saewitz v. Saewitz, 79 So. 3d 831 (Fla. 3d DCA 2012)
  …tein v. Paradigm Mirsol, LLC, 551 F. Supp. 2d 1323, 1333 (M.D.Fla.2008), rev’d on other grounds, 586 F. 3d 849 (11th Cir.2009) (“Damages are an element of a conversion claim, and without damages there can be no cause of action.”); Whalen v. Prosser, 719 So. 2d 2, 5 (Fla. 2d DCA 1998) (“The elements of this evolving tort [intentional interference with an expectancy of inheritance] include ... damages.”). The substance of the evidence the daughters presented to the jury on the element of damages is found in…
• In re Est. OF Robert C. Tensfeldt v. Tensfeldt, 839 So. 2d 720 (Fla. 2d DCA 2003)
  …ference with an expectancy. This court has ruled that a beneficiary does not have a vested claim for tortious interference with an expectancy until the testator’s death. See Claveloux v. Bacotti, 778 So. 2d 399 (Fla. 2d DCA 2001); Whalen v. Prosser, 719 So. 2d 2 (Fla. 2d DCA 1998).5 Thus, in that context, no cause of action accrues until the testator’s death. Although an expectancy in that context is not typically based upon [*725] a written agreement, many of the same principles underlying Claveloux and Wh…

Authorities Cited

• Brown v. State, 705 So. 2d 1041 (Fla. 2d DCA 1998)