Weinstein v. Aisenberg

758 So. 2d 705 (2000)

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Weinstein v. Aisenberg

Florida District Court of Appeal
758 So. 2d 705 (2000)

  • Written by Liz Nakamura, JD

Facts

Abraham Weinstein (plaintiff) and Yoram Aisenberg (defendant) were business partners and shareholders of Nitro Plastic Technologies, Ltd. (Nitro). Nitro had a corporate bank account at the Union Bank of Israel for which both Weinstein and Aisenberg were authorized signatories. Weinstein withdrew $760,000 from Nitro’s corporate account without Aisenberg’s authorization by forging Aisenberg’s signature on the withdrawal forms. Weinstein then deposited the withdrawn funds between two newly opened bank accounts, one at Nationsbank, N.A. and the other at Washington Mutual Bank. Aisenberg sued Weinstein for conversion and unjust enrichment and sought injunctive relief. In Florida, conversion and unjust-enrichment claims were classified as actions at law; however, petitions for injunctive relief were classified as actions in equity. The lower court issued an ex parte temporary injunction barring Weinstein from withdrawing funds from either the Nationsbank account or the Washington Mutual account. Weinstein appealed, arguing that it was inappropriate to impose an equitable remedy, meaning the temporary injunction, because Aisenberg had access to an adequate remedy-at-law for money damages.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Concurrence (Gross, J.)

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