The right to maintain a cause of action for conversion is not barred by the fact that other remedies are available to the plaintiff. The burden is on the plaintiff to show the conversion, and parol evidence is admissible to prove ownership of the converted property. Although the question of whether a particular property is the subject of a conversion action is a question of fact, where the circumstances surrounding the conversion are unrefuted, summary judgment is proper. During litigation, where the evidence at the close of the trial permits no reasonable inference other than that the defendant was liable in conversion as charged, it is proper for the court to direct the verdict against the defendant on the issue of liability and submit the question of damages to the jury. For example during a trial for conversion of a pipeline repair company's files and equipment, there were genuine issues of material fact which precluded summary judgment on the company's conversion claim against competitor and employees under Florida law.

In a conversion action in calculating damages, where the subject of the action is ordinary merchandise including perishable property, the value at the time of the unauthorized act with interest is the proper measure of damages. The proper measure of damages for conversion of intangible interests in a business venture is the interest's reasonable market value, measured as of the time and place of conversion. The recovery of damages extends to the good will of the business.

A cause of action for conversion may have many complex issues. Therefore, you should consult with an experienced West Palm Beach conversion lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.