Legal Opinion

Levy v. Ben-Shmuel

District Court of Appeal of Florida

Decided September 26, 2018No. 3D17-2355PublishedCited by 9 opinions

1Opinion of the CourtEmas, J.

*494INTRODUCTION

David Levy, defendant below, appeals a final judgment entered against him in favor of Eliahu Ben-Shmuel, plaintiff below, on Ben-Shmuel's claims for unjust enrichment and conversion. We affirm without discussion that portion of the final judgment entered in favor of plaintiff Ben-Shmuel on his claim for unjust enrichment. However, we hold that the trial court erred in denying Levy's motion for involuntary dismissal, because Ben-Shmuel failed to meet his burden of proving damages at the nonjury trial. We therefore reverse that portion of the final judgment entered in favor of…

2Cases cited26 opinions

  1. In Re Rule 9.331, Etc.Supreme Court of Florida · 1982
  2. Cason v. BaskinSupreme Court of Florida · 1947
  3. Morgan Stanley & Co. v. Coleman HoldingsDistrict Court of Appeal of Florida · 2007
  4. Sharick v. Southeastern University of Health Sciences, Inc.District Court of Appeal of Florida · 2000
  5. Morton's of Chicago, Inc. v. LiraDistrict Court of Appeal of Florida · 2010

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3Cited by9 opinions

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  3. Bandklayder Development, LLC v. Joseph Sabga, III, and Dunia SabgaDistrict Court of Appeal of Florida · 2025
  4. CERTAIN UNDERWRITERS AT LLOYD'S LONDON v. RONIEL CANDELARIA AND AMELIA PADURADistrict Court of Appeal of Florida · 2022
  5. CITIZENS PROPERTY INSURANCE CORPORATION v. MAGDA V. SALAZARDistrict Court of Appeal of Florida · 2023

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