Legal Opinion

Advanced Surgical Technologies, Inc. v. Automated Instruments, Inc.

Court of Appeals for the Eleventh Circuit

Decided December 12, 1985No. 84-5422PublishedCited by 17 opinions

1Per curiam

This appeal concerns the district court’s finding of theft as defined by Fla.Stat. § 812.014 (1983) and trebling of damages pursuant to Fla.Stat. § 812.035(7) (Supp.1984). We hold that the statutory scheme in question does not contemplate raising an ordinary breach of contract, which is what occurred in this case, to the level of theft and that therefore treble damages were inappropriately awarded.

I

Advanced Surgical Technologies, Inc. (Advanced) is a corporation organized and existing under the laws of Delaware with its principal place of business in Schaumburg, Illinois. It is the sole…

2Cases cited4 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Belford Trucking Co. v. ZagarDistrict Court of Appeal of Florida · 1970
  3. Douglas v. Braman Porsche Audi, Inc.District Court of Appeal of Florida · 1984
  4. American Intern. Realty v. Southeast FirstDistrict Court of Appeal of Florida · 1985

3Cited by17 opinions

  1. Rosen v. MarlinDistrict Court of Appeal of Florida · 1986
  2. Kee, Ctl v. National Reserve Life Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1990
  3. Stramaglia v. StateDistrict Court of Appeal of Florida · 1992
  4. Scherer v. LABORERS'INTERN. UNION OF N. AMERICADistrict Court, N.D. Florida · 1988
  5. Misabec Mercantile, Inc. De Panama v. DonaldsonCourt of Appeals for the Eleventh Circuit · 1988

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