JAMES SEBASTIANO, APPELLANT,
v.
JOSEPH SCLAFANI, JOAN ROGERS, LEO CUETO, LEO CUETO AS TRUSTEE, AND 3 GOLDEN HOLDINGS, LLC, APPELLEES
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The court reversed a summary judgment awarding treble damages under the civil theft statute because prejudgment interest was incorrectly calculated on the trebled amount rather than the actual damages stolen, and the trial court must determine whether a criminal restitution credit should offset the civil judgment.
Prejudgment interest in civil theft cases must be calculated on the actual amount stolen, not on the trebled damages amount, and any criminal restitution received must be credited against the civil judgment to prevent double recovery.
[1] Prejudgment interest in a civil theft action under Florida law is calculated on the actual amount of damages, not on the trebled damages amount awarded under the civil th…
[2] Criminal restitution awards must be credited against civil judgments to prevent double recovery, as required by Florida Statutes section 775.089(8).
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“While a crime victim is entitled to pursue both a criminal restitution award and a civil damages award, section 775.089(8)[, Florida Statutes (2007) ] specifically requires that the amount of the restitution award be set off against the civil judgment so that the victim does not receive a double recovery.”
Explaining the statutory requirement to credit criminal restitution against civil damages.
James Sebastiano was convicted of grand theft and organized fraud in a related criminal case. A summary final judgment awarded him treble damages unde…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
We reverse the summary final judgment for recalculation of damages. The judgment awarded treble damages under the civil theft statute. In a related criminal case, appellant James Sebastiano was convicted of grand theft and organized fraud. The judgment incorrectly computed prejudgment interest on the amount of trebled damages, instead of the actual damages. Prejudgment interest should be awarded only on the amount stolen, not on the amount as trebled under the civil theft statute. See Greenberg v. Grossman, 683 So. 2d 156, 157 (Fla. 3d DCA 1996) (citing Vining v. Martyn, 660 So. 2d 1081, 1082 (Fla. 4th DCA 1995)).
Also, the circuit court should determine if appellant is entitled to receive a credit for $62,500 which he claims was recovered as restitution in the criminal case. “While a crime victim is entitled to pursue both a criminal restitution award and a civil damages award, section 775.089(8)[, Florida Statutes (2007) ] specifically requires that the amount of the restitution award be set off against the civil judgment so that the victim does not receive a double recovery.” See Peterson v. Therma Builders, Inc., 958 So. 2d 977 (Fla. 2d DCA 2007) (citing Kirby v. State, 863 So. 2d 238, 243 (Fla.2003)).
STEVENSON, GROSS and MAY, JJ., concur.
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Avp Destiny LLC v. Elisabeth Deluca, 267 So. 3d 1048 (Fla. 4th DCA 2019)…est is restitution, rather than retribution, the prejudgment interest should only be awarded on the actual amount stolen and not on the treble damages.” Vining v. Martyn, 660 So. 2d 1081, 1082 (Fla. 4th DCA 1995); accord Sebastiano v. Sclafani, 984 So. 2d 673, 673 (Fla. 4th DCA 2008); R & B Holding Co. v. Christopher Advert. Grp., Inc., 994 So. 2d 329, 334 (Fla. 3d DCA 2008). Therefore, it stands to reason that if prejudgment interest cannot be awarded on the amount as trebled under the civil theft…
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Yair Barak v. Acs Int'l Projects, Ltd. (Fla. 3d DCA 2021)
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Allstate Ins. v. Palterovich, 653 F. Supp. 2d 1306 (S.D. Fla. 2009)…ejudgment interest on the amount of trebled damages, instead of the actual damages” since "[pjrejudgment interest should be awarded only on the amount stolen, not on the amount as trebled under the civil theft statute.” Sebastiano v. Sclafani, 984 So.2d 673, 673 (Fla. 4th Dist.Ct.App. 2008); accord DeLaughter v. Borden Co., 431 F.2d 1354, 1359 (5th Cir.1970). 23 . See 28 U.S.C. § 1961 ("Interest should be allowed on any money judgment in a civil case recovered in a district court.”)…
Authorities Cited
- Kirby v. State, 863 So. 2d 238 (Fla. 2003)
- Vining v. Martyn, 660 So. 2d 1081 (Fla. 4th DCA 1995)
- Greenberg v. Grossman, 683 So. 2d 156 (Fla. 3d DCA 1996)
- Roxann Peterson v. Therma Builders, Inc., 958 So. 2d 977 (Fla. 2d DCA 2007)