1 Elements and Case Citations
“To prevail on an action for civil theft, the plaintiff must prove that the defendant
(1) knowingly;
(2) obtained or used, or endeavored to obtain or use, the plaintiff’s property;
(3) with felonious intent;
(4) to deprive plaintiff of its right to or a benefit from the property or appropriate the property to the defendant’s own use or to the use of a person not entitled to the use of the property.”
Hawthorne v. Lyons, 192 So. 3d 1279, 1280 (Fla. 1st DCA 2016) (citation omitted); Florida Statute Section 772.11 (“Any person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012–812.037 or s. 825.103(1) has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney’s fees and court costs in the trial and appellate courts.”).
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- The rest of the elements for this cause of action;
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- The statute of limitations; and
- The defenses to this cause of action.
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