Rubenstein Foods, Inc. v. Winter Garden, Inc.

OPINION

NYE, Chief Justice.

This is a plea of privilege case. Plaintiff, Winter Garden Inc., filed suit against defendants, Rubenstein Foods, Inc., (Ruben-stein) and Dionieio Galvan, Jr., (Galvan), to recover damages for the alleged theft and conversion by defendants of 2,700 pounds of shrimp which had been stored in plaintiff’s warehouse. Only defendant Rubenstein filed a plea of privilege, which was overruled by the trial court. Rubenstein appeals.

Plaintiff alleged in substance that: 1) 54 cases of frozen shrimp which plaintiff was holding for the account of Toyomeka (America) Inc., had been…