Legal Question in Personal Injury in Florida

Civil remedy for theft
Fish Boats,Inc(''Fish''),one year contract w/boat broker(''Broker'')6/01/01.Broker ''independant contractor'' Not employee.Contract, specific territory for Broker,earns commissions(''comish'')on all sales in territory.Broker paid bonus increase sales,last year.Broker learns Fish sold 3 boats in Broker's territory. Confronted, Fish paid comish. Fish wrote Broker 5/22/02, Broker to much $.Broker owed two comish & bonus.Broker wrote Fish for comish Fish wrote Broker ultimatum 5/31/02, re-writing contract detrimental to Broker.Broker secured past two years records from company secretary, calculated bonus.Broker finds two additional territory sales secretly withheld.Broker delievered boat 6/10/02,recieved cash. Broker, believing fraud, collected all comish from cash, balance to Fish with accounting. Fish complaint,attempt to have Broker charged Theft,State Attorney determined civil matter, declined prosecution.No arrest warrant issued.Fish made demand of Broker pursuant to Florida Statute 772.11. QUESTION: Has Broker, by collecting funds due him from cash, damaged Fish by reason of any violation of the provisions of FL SS 812.012-812.037.

Asked on 8/23/02, 9:38 pm

David Slater David P. Slater, Esq.

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Re: Civil remedy for theft

No. This appears to be a civil dispute. If Fish sues Broker have broker contact me to defend. Good luck.

Answered on 8/24/02, 12:15 am

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