Legal Opinion
Cornerstone SMR, Inc. v. Bank of America, N.A.
District Court of Appeal of Florida
Decided April 8, 2015No. 4D13-2064PublishedCited by 17 opinions
1Opinion of the CourtWarner, J.
After appellant, Cornerstone, obtained a judgment against appellee, Bank of America, for conversion arising from embezzlement by one of Cornerstone’s employees, the Bank moved to offset the recovery by monies Cornerstone obtained in settlement with the employee. Cornerstone objected that it would not be made whole, because the judgment against the Bank did not compensate Cornerstone for all of its losses, due to the expiration of the statute of limitations on many of the embezzled funds. The trial court allowed a “pro rata” set-off, to which the Bank objected. Both parties appeal, Cornerstone…
2Cases cited7 opinions
- D'ANGELO v. FitzmauriceSupreme Court of Florida · 2003
- Sompo Japan Insurance v. Nippon Cargo Airlines Co.Court of Appeals for the Seventh Circuit · 2008
- Devlin v. McMannisSupreme Court of Florida · 1970
- Dionese v. City of West Palm BeachSupreme Court of Florida · 1987
- Gordon v. MARVIN M. ROSENBERG, DDSDistrict Court of Appeal of Florida · 1995
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Rasinski v. McCoyDistrict Court of Appeal of Florida · 2017
- Addison Constr. Corp. v. Leo A. Vecellio, Jr., Kathryn C. Vecellio, Dean Desantis, Laura Desantis, Deerfield Builders Supply Co.District Court of Appeal of Florida · 2018
- Gary McCalla and Dianne McCalla v. E. C. Kenyon Construction Company, etc.District Court of Appeal of Florida · 2016
- Escadote I Corp. v. Ocean Three Limited PartnershipDistrict Court of Appeal of Florida · 2016
- AMERICAN PRIME TITLE SERVICES, LLC v. ZHI WANGDistrict Court of Appeal of Florida · 2021
12 more not listed; retrieve them via the Exa API.