A trespass to personal property is t he use of someone's property without person. A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft. Demand and refusal are necessary for the maintenance of an action for conversion in all cases in which defendant was rightfully in possession.
Florida Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion is an important legal concept that is relevant in cases involving disputes over ownership and possession of property. This instruction serves as a guide for jury members in evaluating the evidence and making a determination regarding whether conversion, a wrongful act of exercising control over another's property, has occurred. One type of Florida Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion is known as FL JIC (Florida Jury Instructions — Civil) 411.4. This instruction states that if the jury finds that the plaintiff made a lawful demand for the possession of the disputed property and the defendant refused to return it, then the jury may infer that the defendant has converted the property to their own use. The jury is further instructed to consider this evidence along with any other relevant facts and circumstances in making its final decision. Another related Florida Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion is FL JIC 411.5. This instruction addresses a slightly different scenario, where the defendant's refusal to deliver possession of the property is not immediate but occurs after a reasonable time has passed following a lawful demand. In such cases, the jury is again instructed that they may infer conversion from the defendant's refusal to return the property. It is important to note that these instructions are not conclusive evidence of conversion but create a presumption that conversion might have occurred. The jury is ultimately responsible for evaluating all the evidence presented during the trial and making a fair and reasoned judgment. In summary, Florida Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion provides guidance to jury members in cases involving disputes over property ownership. FL JIC 411.4 and FL JIC 411.5 are two examples of different instructions that address this concept under varying circumstances. These instructions allow the jury to infer conversion if the defendant refuses to return the property after a lawful demand has been made. The jury must, however, consider all evidence presented and make its final decision based on the totality of the circumstances.
