Sarasota Cloth Fabric & Foam, Inc. v. Benes

ORFINGER, Judge.

Sarasota Cloth Fabric & Foam, Inc. (Sarasota) appeals from a summary final judgment entered against it on its counterclaim for conversion.1 Because we find that a genuine issue of material fact exists, we reverse for trial.

The main action is by Benes, as landlord, against Sarasota, as tenant, for damages resulting from an alleged breach of the lease between the parties. The pertinent count of the counterclaim alleged that the landlord, through its authorized agent, converted certain goods and merchandise belonging to the tenant and sought damages for that conversion. The…