Taurus Constr., Inc. v. Germania of Am., Inc., 578 So. 2d 820 (Fla. 4th DCA 1991). · Go Syfert
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Taurus Constr., Inc. v. Germania of Am., Inc., 578 So. 2d 820 (Fla. 4th DCA 1991). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
TAURUS CONSTRUCTION, INC., TGB Construction, Inc., Guenther Reibling and Lorenz Reibling
v.
GERMANIA OF AMERICA, INC., as General Partner of Virginia Park Residences, Ltd., a Florida limited partnership
No. 88-1691.
District Court of Appeal of Florida, Fourth District.
Apr 24, 1991.
578 So. 2d 820
Linda A. Wells and Arthur J. -England of Fine, Jacobson, Schwartz, Nash, Block & England, Miami, for appellants., Glenn E. Goldstein of Ruden, Barnett, McClosky, Smith, Schuster & Russell, P.A., Miami, and Charles V. Choyce of Cofer & Beauchamp, Atlanta, Ga., for appellee.
Garrett, Glickstein, Warner.
Published

Lead Opinion

PER CURIAM.

AFFIRMED. As to the civil theft judgment, there was evidence that appellant, Taurus Construction, Inc., used (for the benefit of another corporation) residual construction funds intended to be deposited in a “rent reserve” account to insure that investors received a guaranteed return on their investment. See Masvidal v. Ochoa, 505 So.2d 555 (Fla. 3d DCA 1987).

GLICKSTEIN and GARRETT, JJ., concur. WARNER, J., concurs in part, dissents in part with opinion.

Concurrence in Part

WARNER, Judge,

concurs in part, dissents in part.

I concur in the judgments of $52,309.80 and $3,150. However, having reviewed the evidence in light of the various contracts between the parties, I would reverse the civil theft judgment for $1,319,369.40 based on Berney v. State, 38 So.2d 55 (Fla.1948) (money paid for goods or services under a contract ceases to be the property of the promisee when paid to the promisor).