Florida Complaint for Conversion Seeking Punitive Damages

State:
Multi-State
Control #:
US-02074BG
Format:
Word; 
Rich Text
Instant download

Description

Conversion occurs when someone wrongfully uses property of another for their own purposes or alters or destroys it. In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must generally prove that he or she demanded the property returned and the defendant refused to do so.


Punitive damages are damages awarded in a lawsuit as a punishment and example to deter others from malicious, evil or particularly fraudulent acts. Plaintiff has the burden of proving that punitive damages should be awarded, and the amount, by a preponderance of the evidence. In order to succeed, the plaintiff must prove that the defendant's conduct was malicious, or in reckless disregard of plaintiff's rights.


The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

Although there is no maximum sum, punitive damages typically do not exceed four times the amount of compensatory damages. For example, if a plaintiff recovers $100,000 in compensatory damages and is awarded punitive damages, they most likely will receive up to $400,000 in punitive damages. There are exceptions, though.

Punitive damages are only awarded in cases where the defendant's actions were particularly egregious, such as when they showed a reckless disregard for the safety of others.

If a plaintiff files a demand for judgment which is not accepted by the defendant within 30 days and the plaintiff recovers a judgment in an amount at least 25 percent greater than the offer, she or he shall be entitled to recover reasonable costs and attorney's fees incurred from the date of the filing of the demand.

What Is Gross Negligence? ing to Florida Statute 768.72, gross negligence does not involve mistakes and failure to take reasonable precautions, as is generally the case with ordinary negligence. Gross negligence involves deliberate acts of carelessness.

As mentioned above, Florida Statute Section 768.72 dictates when punitive damages are available in a lawsuit: ?A defendant may be held liable for punitive damages only if the trier of fact, based on clear and convincing evidence, finds that the defendant was personally guilty of intentional misconduct or gross ...

The right to a punitive damages award in California is strictly statutory. Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice.

The elements required to plead a case of conversion under Florida law successfully are: The plaintiff's ownership or right to possession of the property; The defendant's conversion by a wrongful act or in a manner that is inconsistent with the plaintiff's property rights; and. Resulting damages.

Florida is one state where punitive damages may be awarded to the plaintiff if the defendant showed a reckless disregard for the safety of others. In cases of medical malpractice, for example, compensatory damages may be awarded to the plaintiff in addition to punitive damages.

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Florida Complaint for Conversion Seeking Punitive Damages