Gothard v. Gothard

We hold that the trial court erred as a matter of law in finding that it had no subject matter jurisdiction to consider a complaint for civil theft, “[bjecause plaintiff did not wait the required thirty (30) days before filing suit.” Section 722.11, Florida Statutes, requires that a person, “[bjefore filing an action under this section” seeking treble damages for civil theft “must make a written demand for payment,” and provides that if the person to whom the written demand is made complies within thirty days after receiving the demand, “that person shall be given a written release from…