Bass v. Morgan, Lewis & Bockius, 516 So. 2d 1011 (Fla. 3d DCA 1987). · Go Syfert
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Bass v. Morgan, Lewis & Bockius, 516 So. 2d 1011 (Fla. 3d DCA 1987). Cases Citing This Book View Copy Cite
10 citation events (2 in the last 25 years) across 6 distinct courts.
Strongest positive: Eley v. Evans (vaed, 2007-02-06)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Eley v. Evans
E.D. Va. · 2007 · confidence medium
See Doe v. Harris, No. CL5544, 2001 WL 34773877 , at *6 (Va. Cir. Ct. Apr. 11, 2001); Johnson v. Freedman, No. 110411, 1992 WL 884626 , at *1 (Va. Cir. Ct. Apr. 8, 1992) (citing Bass v. Morgan, Lewis, & Bockius, 516 So.2d 1011, 1011-12 (Fla.Dist.Ct.App.1987); Leventhal v. Dockser, 361 Mass. 894, 894 , 282 N.E.2d 680, 681 (1972)). 4 .
cited Cited "see" American Nat. Title v. Guarantee Title
Fla. Dist. Ct. App. · 1999 · signal: see · confidence high
See Bass v. Morgan, Lewis & Bockius, 516 So.2d 1011 , 1011 n. 1 (Fla. 3d DCA 1987).
discussed Cited "see" Fischer v. Metcalf
Fla. Dist. Ct. App. · 1989 · signal: see · confidence high
See Bass v. Morgan, Lewis & Bockius, 516 So.2d 1011 (Fla. 3d DCA 1987) (court looked to additional factors of statutory history and intendment of extortion statute to hold no civil cause of action for violation of statute creating crime of extortion), rev. denied, 525 So.2d 876 (Fla. 1988); Lavis Plumbing Servs. v. Johnson, 515 So.2d 296 (Fla. 3d DCA 1987) (court reviewed purpose of statute, subsequent history, and scrutinized legislative intent in determining that law prohibiting impersonation of an officer did not impose duty for benefit of special class and thus did not give rise to cause o…
discussed Cited "see, e.g." Fischer v. Estate of Flax
D.C. · 2003 · signal: see, e.g. · confidence low
See, e.g., Bass v. Morgan, Lewis & Bockius, 516 So.2d 1011 (Fla.Ct.App.1987); Myers v. Cohen, 5 Haw.App. 232 , 687 P.2d 6 , rev’d. on other grounds, 67 Haw. 389 , 688 P.2d 1145 (1984); Leventhal v. Dockser, 361 Mass. 894 , 282 N.E.2d 680 (1972). 4 .
discussed Cited "see, e.g." Lafferty v. Rhudy
Mo. Ct. App. · 1994 · signal: see also · confidence low
See also Bass v. Morgan, Lewis & Bockius, 516 So.2d 1011 (Fla.Dist.Ct.App.1987) (complaint alleging defendant wrote letter violating criminal extortion statute properly dismissed with prejudice; violation of statute, even if proved, does not give rise to civil cause of action for damages).
Retrieving the full opinion text from the archive…
Paul H. BASS, Appellant,
v.
MORGAN, LEWIS & BOCKIUS, a Partnership and Angel Castillo, Jr., Appellees.
85-1286.
District Court of Appeal of Florida, Third District.
Dec 1, 1987.
516 So. 2d 1011
Schwartz, C.J., and Nesbitt and Jorgenson.
Cited by 8 opinions  |  Published

Krongold & Bass and Paul Bass, Coral Gables, and Horton, Perse & Ginsberg, Miami, for appellant.

Morgan, Lewis & Bockius and Paul J. Levine and Gary S. Koenigsberg and Lowell L. Garrett, Sam Daniels, and Daniels & Hicks, Miami, for appellees.

Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.

ON MOTION FOR REHEARING

PER CURIAM.

The opinion in this cause filed April 15, 1986, is hereby withdrawn and the following opinion is substituted in its place.

This is an appeal from the dismissal with prejudice of an amended complaint which, insofar as is now relevant, claimed the right to compensatory and punitive damages on the theory that a letter written by the appellee Castillo to the appellant Bass violated section 836.05, Florida Statutes (1983), which creates the crime of extortion.[1] We affirm.

We do not decide whether the contents of the correspondence in question were in fact in violation of the pertinent statute.[2] This is because we hold that no violation of the statute gives rise to a civil cause of action. In the recent case of Lavis Plumbing Services, Inc. v. Johnson, 515 So.2d 296, 298 (Fla. 3d DCA 1987), this court noted that the

mere violation of the penal statutes does not give rise to liability per se. Tourismart of America, Inc. v. Gonzalez, 498 So.2d 469 (Fla. 3d DCA 1986).

It was pointed out that such liability could arise only from the violation of a provision which imposes a duty for the benefit of a special class of individuals. Accordingly, Lavis Plumbing Services, Inc. held that, because section 843.08, the "impersonating an officer" statute, was intended to protect only the public and did not fall within this description, its violation did not create a damage action. The statutory history and intendment of the extortion statute before us cannot be distinguished from the one considered in Lavis. Consequently, we are bound to hold that the civil cause of action now asserted may not be maintained. In[*1012] doing so, we reach the same conclusion as that in Miami Herald Publishing Co. v. Ferre, 636 F. Supp. 970 (S.D.Fla. 1985), which squarely so held as to the identical issue involving the Florida extortion statute, and by well reasoned authority from a sibling jurisdiction. Grimm v. Bam, 22 Misc.2d 982, 195 N.Y.S.2d 36 (Sup.Ct. 1959). Contra Elbe v. Wausau Hosp. Center, 606 F. Supp. 1491 (W.D.Wis. 1985), aff'd sub. nom. Callaway v. Hafeman, 832 F.2d 414 (7th Cir.1987).

Affirmed.

1 The appellant Bass also alleged a defamation claim but does not challenge the trial court's dismissal of that count.

Similarly, Bass does not contend that there is any common law action for damages based upon allegedly extortionate conduct. In fact, it is clear that none exists. Leventhal v. Dockser, 361 Mass. 894, 282 N.E.2d 680 (1972); Blaz v. Molin Concrete Products Co., 309 Minn. 382, 244 N.W.2d 277 (1976); see Wykle v. Valley Fidelity Bank & Trust Co., 658 S.W.2d 96 (Tenn. Ct. App. 1983).

2 The statutory provisions enacted in 1986, which create a civil remedy for the victim, inter alia, of a pattern of criminal extortions, see §§ 772.102(1)(a)(22), 772.103, 772.104, Fla. Stat. (Supp. 1986), are inapplicable to the present case which arose prior to their adoption.