Diaz v. Andy

This appeal stems from an action filed by Gus Andy (“the Plaintiff’) against Daniel G. Diaz (“the Defendant”), asserting claims for conversion (Count I) and civil theft under section 812.014(1), Florida Statutes (2001) (Count II). The trial court referred the parties to nonbinding arbitration on all issues, including attorney’s fees and costs, in accordance with section 44.103, Florida Statutes (2006), and Florida Rule of Civil Procedure 1.820.

The underlying facts, which are basically undisputed, are as follows. In 2001, the Defendant owned waterfront property with a private seawall. The…