TCI Business Capital, Inc. v. Five Star American Die Casting, LLC, Brian T. Flynn

While I agree with sections I, III, and IV of the majority opinion, I respectfully dissent from its conclusion in section II regarding TCI’s civil-theft claim. I would conclude that the district erred by denying TCI’s motion for summary judgment on its civil-theft claim and entering summary judgment in favor of Flynn. The common usage of the word “steal” is “to take or appropriate without right or leave, and with the intent to keep or make use of wrongfully.” Merriam-Webstpr Dictionary 1220 (11th ed. 2014) (emphasis added). Based on this common usage, the undisputed facts of this case…