2D04-1575 / Bouris v. Drenik Communications, Inc.

State: Florida

Court: Florida Southern District Court

Docket No: 2D04-1575

Case Date: 03/11/2005

Plaintiff: 2D04-1575 / Bouris

Defendant: Drenik Communications, Inc.

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT GEORGE BOURIS and VIRGINIA CHAGARIS f/k/a VIRGINIA NIKITAKIS, Appellants, v. DRENIK COMMUNICATIONS, INC., Appellee. Opinion filed March 11, 2005. Appeal from the Circuit Court for Pinellas County; Susan F. Schaeffer, Judge. John A. Shahan, Tarpon Springs, for Appellants. David J. Sockol and R. Mark Bortner, St. Petersburg, for Appellee. ) ) ) ) ) ) ) ) ) ) )

Case No. 2D04-1575

WALLACE, Judge.

George Bouris and Virginia Chagaris appeal a final judgment entered after a nonjury trial granting declaratory relief and damages against them in favor of Drenik Communications, Inc. We reverse the final judgment in part, and we remand for the trial

court to enter an amended final judgment reflecting the correct amount of damages to be assessed against Bouris. Bouris and Chagaris raise multiple challenges to the final judgment. Only one merits discussion. The trial court found that Bouris had received the sum of $60,000 for the sale of his interest in Drenik's FCC license. The only competent, substantial evidence on this point in the record is that Bouris received $40,000--not $60,000--for the sale of his interest in the license. The trial court's assessment of damages against Bouris for conversion and civil theft was based on the incorrect $60,000 figure. Hence the record evidence supports an award of damages against Bouris on Count III, Conversion, of only $40,000. Likewise, the record evidence supports an award of damages against Bouris on Count IV, Civil Theft, of only $80,000. Accordingly, we reverse the final judgment in part, and we remand for the trial court to enter an amended final judgment reflecting the appropriate amounts. In all other respects, the final judgment is affirmed. Affirmed in part, reversed in part, and remanded with directions.

SILBERMAN and VILLANTI, JJ., Concur.

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