The 2023 Florida Statutes (including Special Session C)
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. . . . § 772.104(1). . . .
. . . 560.204 (count six); Florida civil remedies for Criminal Procedures Act (“CRCPA”), Florida Statute § 772.104 . . .
. . . Stat. § 772.104(1) (emphasis added). . . . Stat. § 772.104(1). . . . Stat. § 772.104(1). . . . Stat. § 772.104(1)). . . . Stat. § 772.104(3). . . .
. . . .” §§ 772.104(8), 812.035(7), Fla. Stat. . . .
. . . . § 772.104(1). The jury found this element satisfied, while the district court did not. . . .
. . . . § 772.104(1)). . . .
. . . Section 772.104(1) provides civil remedies for violations of section 772.103. . . .
. . . . §§ 772.104 (providing a civil cause of action for violations of Florida’s Criminal Practices Act); . . .
. . . . § 772.104(3). . . .
. . . See also § 772.104 (authorizing treble actual damages and entitling the prevailing party to reasonable . . .
. . . Stat. §§ 772.104 and 772.11 (Counts IX-X) (DE #1). A. . . . Stat. § 772.104 (Count X). 1. Fla. . . . Stat. §§ 772.103, 772.104. . . . Stat. §§ 772.104(1); 772.11(1); see also Palmas Y Bambu, S.A. v. . . . Stat. § 772.104(1). . . .
. . . . § 772.104 (2007). . . .
. . . As a second cause of action, Bortell alleges violations of sections 772.104(1), 772.103(3), and 772.102 . . . Section 772.104(1) provides, “Any person who proves by clear and convincing evidence that he or she has . . .
. . . . § 772.104. • Count 3 against Defendant Albertson for unconscionable acts and unfair trade practices . . .
. . . complaint against Xpress Title alleging fraudulent misrepresentation and violations of sections 501.204 and 772.104 . . .
. . . based on Or-kin’s misleading advertisements and representations that violate Florida Statutes, sections 772.104 . . . See §§ 772.104, 817.06. The circuit court certified the class on both of these claims. b. . . . (misleading advertising); § 772.104, Fla. Stat. (Florida RICO). . . .
. . . based on Or-kin’s misleading advertisements and representations that violate Florida Statutes, sections 772.104 . . . See §§ 772.104, 817.06. The circuit court certified the class on both of these claims. b. . . . (misleading advertising); § 772.104, Fla. Stat. (Florida RICO). . . .
. . . . § 772.104; criminal false advertising, Fla. . . .
. . . Stat. ch. 772.104. . . .
. . . . §§ 772.103(3) and 772.104 (Count III); conspiracy to violate Fla. . . .
. . . Hutton & Co., 568 So.2d 531, 532 (Fla. 3d DCA 1990) (affirming fees under section 772.104 when the case . . . alone); see also Roth, 647 So.2d at 1025 (noting that the standard for awarding fees under sections 772.104 . . .
. . . We affirm the denial of attorney’s fees to appellants under section 772.104, Florida Statutes (1995). . . .
. . . Florida Statute § 772.104 allows a person to bring a civil RICO claim if “he has been injured by reason . . . federal cases interpreting the federal civil damages remedy are also persuasive in interpreting section 772.104 . . .
. . . treble damages award against DuPont in this products liability case under the provisions of section 772.104 . . . reason of any violation” of Florida’s RICO act, may recover “threefold the actual damages sustained_” § 772.104 . . . Section 1964(c)[the federal counterpart of section 772.104 of the Florida Statutes] provides civil remedies . . . evidence” of "injury by reason of violation of the provisions of s. 772.103” as mandated by section 772.104 . . . . § 772.104, Fla. . . .
. . . Criminal activity includes several predicate crimes named in section 772.104(1), Florida Statutes, and . . .
. . . based on Orkin’s misleading advertisements and representations that violate Florida Statutes, sections 772.104 . . .
. . . See § 772.104, Fla. Stat (1995). . . .
. . . They then moved for attorney’s fees on three grounds: 1. a contract between the parties; 2. section 772.104 . . . Generally, defendants are entitled to attorney’s fees under section 772.104 when a verdict is directed . . . As we will discuss below, whether a plaintiff under section 772.104 must prove that it has suffered a . . . We need not do so here because we have already affirmed the directed verdict on RLS’s section 772.104 . . . We reverse the award of attorney’s fees to Second Chance based on section 772.104. . . .
. . . . §§ 772.101-772.104, the party filing the claim shall serve a RICO Case Statement. . . .
. . . money damages in a civil action under the specific authority of sections 772.102(1)(a)(12), 772.103, 772.104 . . .
. . . , under the Florida Civil Remedies for Criminal Practices Act (“Florida civil RICO”), FJa.Stat. ch. 772.104 . . . Stat. ch. 772.104 (1997). . . . Stat. ch. 772.104 (1997). . . . The Florida courts have explained that in awarding fees to a defendant under chapter 772.104, “it is . . . Stat. ch. 768.73(l)(a) (1997). .Florida Statutes chapter 772.104 provides that a defendant "shall be . . .
. . . legislative declaration, the statutory causes of action for civil theft (and. for that matter, section 772.104 . . .
. . . Finally, count VII seeks civil remedies for criminal practices or racketeering pursuant to section 772.104 . . .
. . . substantial legal support, entitling the defendants to attorney’s fees and costs pursuant to section 772.104 . . .
. . . rule to contract-based claims brought under Florida’s civil RICO and civil theft statutes, sections 772.104 . . .
. . . Hutton & Co., Inc., 568 So.2d 531 (Fla. 3rd DCA 1990) and section 772.104, Florida Statutes (1995), the . . . See §§ 772.104 & 772.11, Fla. Stat. (1995). . . . prevailed in her claim for accounting, whether the defendant is entitled to fees pursuant to sections 772.104 . . .
. . . Capital contended that it was entitled to attorneys' fees pursuant to the note, guaranty and section 772.104 . . .
. . . . § 772.104 (1995). . . . Fla.Stat. § 772.104. . . .
. . . entry of the summary judgment, Miller moved for attorney’s fees pursuant to Florida Statute sections 772.104 . . . The trial court found that Miller was entitled to fees under section 772.104 and granted same, which . . . Florida Statute section 772.104 (1995) states that the defendant shall be entitled to reasonable attorney . . . nature, the district courts have consistently held that defendants are entitled to fees under section 772.104 . . . that this was exactly the type of RICO claim that the legislature intended to discourage by section 772.104 . . .
. . . Haddad moved post-trial, among other things, to treble these damages under section 772.104, Florida Statutes . . . the evidence” presented rather than upon the “clear and convincing” standard prescribed in section 772.104 . . . Haddad argues on appeal that section 772.104 does not require her to establish her damages by clear and . . . Section 772.104 states in relevant part that: Any person who proves by clear and convincing evidence . . .
. . . The motion was also pursuant to sections 772.104 (RICO Act) and 772.11 (Civil Theft). . . . We affirm the granting of the attorneys fees and costs awarded pursuant to sections 772.104 and 772.11 . . . However, at bar we nonetheless affirm the award of fees pursuant to sections 772.104 (RICO Act) and 772.11 . . . support, we find that the trial court did not abuse its discretion in awarding fees pursuant to sections 772.104 . . .
. . . Fla. 3d DCA 1990) (discussing standard under identically worded attorney’s fees provision of section 772.104 . . . In summary, we agree with our sister court which said under similar circumstances: [Sjection 772.104 . . . substantial legal support, entitling the defendants to attorney’s fees and costs pursuant to section 772.104 . . .
. . . In May of 1993, appellees filed a second motion seeking attorney’s fees pursuant to sections 57.105, 772.104 . . . appellees correctly contend, the trial court’s award of attorney’s fees was also based on sections 772.104 . . . Section 772.104, Florida Statutes (1993), provides that the defendant in a civil action brought under . . . Hutton & Co., 568 So.2d 531 (Fla. 3d DCA 1990) (discussing standard under section 772.104). . . . fact before a losing party would be obligated to pay the opposing party’s attorney’s fees, section 772.104 . . .
. . . .” § 772.104, Fla.Stat. (1993). . . .
. . . . § 772.104; see also Leisure Founders, Inc. v. CUC Int'l, Inc., 833 F.Supp. 1562 (S.D.Fla.1993). . . . Fla.Stat. § 772.104. . . .
. . . criminal acts were found to comprise the necessary predicate acts to create civil liability under § 772.104 . . . Florida Statutes § 772.104 provides for an award of treble damages in a civil action when the following . . . holding that the phrase "by reason of” in federal RICO statute [employing similar language to Fla.Stat. § 772.104 . . .
. . . ., 606 So.2d 630 (Fla. 4th Dist.Ct.App.1992) (reversing denial of fees under similar provision of § 772.104 . . .
. . . . §§ 772.103, and 772.104, the Florida civil Rico Statute, rendering the Debtor liable for treble damages . . . Fla.Stat. § 772.104 Civil cause of action. . . . . § 772.104 clearly indicates that the burden of proof to establish a viable claim pursuant to § 772.104 . . . in a pattern of criminal activity both of which are indispensable elements of a viable claim under § 772.104 . . . Court is satisfied that the claimants equally failed to establish a viable claim under § 772.103 and § 772.104 . . .
. . . The standard of review of an order denying attorney’s fees requested under section 772.104, Florida Statutes . . .
. . . Because we find that there was substantial factual and legal support for appellee’s claim, see § 772.104 . . .
. . . In construing a similar attorney’s fee provision in section 772.104, Florida Statutes (1989), the Third . . . The court stated: The legislative’s clear intent in wording section 772.104 as it did was to discourage . . . [Sjection 772.104 is obviously drawn in the disjunctive in its reference to claims lacking “substantial . . .
. . . Section 772.104, Florida Statutes (1989), entitles a defendant to reasonable attorney’s fees and court . . .
. . . Hutton & Co., Inc., 568 So.2d 531 (Fla. 3d DCA 1990), holding similar language found in section 772.104 . . .
. . . Hutton & Co., Inc., 568 So.2d 531 (Fla. 3d DCA 1990), holding similar language found in section 772.104 . . .
. . . attorney’s fees to be assessed against Coffey for the dismissed claims, without mentioning section 772.104 . . . Rather, it appears that Foreman opposed the fee award only on the grounds that section 772.104 had to . . . In a case of interrelated claims, we think that section 772.104 should be read to preclude taking up . . . whether he might exercise his discretion to allow Evans to raise an attorney’s fee claim under section 772.104 . . . It is enough for us on this record to note that Evans did not previously plead any right to section 772.104 . . .
. . . originating in the trial court’s order awarding attorney’s fees to the Mulieris pursuant to section 772.104 . . . THE COURT: Under 772.104? MR. MC CLUNG: Yes, sir. THE COURT: Okay. . . . in the aftermath of the trial court’s determination to award fees to the Mulieris based upon section 772.104 . . . utterances which produced the directed verdict and resultant exposure to the fee burden created by section 772.104 . . . The language of section 772.104, conditioning the award of attorney’s fees “upon a finding that the claimant . . .
. . . The Florida legislature also enacted section 772.104 of the Florida Statutes, which provided individuals . . . Section 772.104, which became effective on October 1, 1986, expressly established a “clear and convincing . . . See Fla.Stat. § 772.104 (Supp.1990). . . . Section 772.104 also provided for an award of “threefold the actual damages sustained.” . . . Renda and First United contend that section 772.104 is applicable in this case since, although the action . . .
. . . . § 772.104. . . .
. . . . § 772.104 (WEST 1990). . . .
. . . This is an appeal of an attorney’s fee award to a defendant pursuant to section 772.104, Florida Statutes . . . Appellees then moved, pursuant to section 772.104, Florida Statutes (1989), for an award of attorney’ . . . On appeal, Foreman claims that section 772.104 (applicable solely to fee awards in civil causes of action . . . Foreman further claims that even if sections 772.104 and 57.105 cannot be read in pari materia, the fee . . . The pertinent language of section 772.104 states: The defendant shall be entitled to recover reasonable . . .
. . . . §§ 772.104, 812.035, 895.05, these exclusions involve civil redress for actions in which punitive damages . . .
. . . See §§ 772.103, 772.104, Fla.Stat.; A.S.J. Drugs, Inc. v. . . .
. . . of section 812.035 conferring the ability of “any person” to pursue a civil theft claim to section 772.104 . . . The trial court, in rejecting Stein’s proposed instruction apparently concluded that section 772.104’ . . . analysis in Ziccardi points up that the legislative modifications affecting sections 812.035(7) and 772.104 . . . In sum, we concur in the Ziccardi view that section 772.104 was a remedial reenactment undertaken for . . . In that circumstance, the standard of proof prescribed in section 772.104 and sought by Stein’s requested . . .
. . . dismissal of her second amended complaint for civil damages based on alleged violations of section 772.104 . . . The basis of the complaint, filed in 1987 under section 772.104 Florida Statutes, was alleged criminal . . . The issue presented to us is whether section 772.104, Florida Statutes, effective October 1, 1986, may . . . The appellees contend that because section 772.104 requires proof of injury only by “clear and convincing . . . Although section 772.104 does not provide for punitive damages as did section 895.-05(7) in the RICO . . .
. . . Sec. 772.104. (emphasis added). 4. . . . on the motion to dismiss Count II is whether Schenk has standing to pursue an action under F.S.A. § 772.104 . . .
. . . It was specifically sought to be brought under authority of sections 772.102(l)(a)(12), 772.103, 772.104 . . .
. . . Antitrust Act, 7) violation of § 542.19 of Florida’s Antitrust Law, 8) violation of Florida Statute Section 772.104 . . .
. . . Jur.2d Conversion §§ 117-121 (1985); § 772.104, Fla.Stat. (1987). . . .
. . . for the victim, inter alia, of a pattern of criminal extortions, see §§ 772.102( l)(a)(22), 772.103, 772.104 . . .