PERSONAL INJURY CORNER
CIVIL CONSPIRACY
TED BABBITT
My thanks to Burlington & Rochenbach , P . A ., and particularly Nichole Johnston Segal , for steering me in the direction of this article and for assistance in research .
Walters v . Blankenship , 931 So . 2d 137 ( Fla . 5th DCA 2006 ), arose from the dismissal with prejudice of a complaint for tortious interference with a prospective economic advantage and for civil conspiracy . The case involved a plaintiff who was attempting to sell four units in a condominium at an auction which was without reserve and where the plaintiff was required to conclude the sale at any price . The allegations of the complaint were that the defendants who were co-owners of condominium units maliciously and intentionally conspired to lower the price that the auctioned units would bring by posting phony “ for sale by owner ” signs throughout the condominium . Such signs were prohibited by the condominium regulations and were allegedly posted without any intention to sell the units and the signs were removed immediately after the last of the plaintiff ’ s units were sold . The auction resulted in a sale of the four units at a substantial loss allegedly because the phony signs made it appear that a majority of the units in the relatively small condominium were for sale thus lowering the market value of each unit .
The appellate court reversed the dismissal setting forth the basis for an action of civil conspiracy . The elements of civil conspiracy were enumerated by the court as : ( a ) a conspiracy between two or more parties , ( b ) to do an unlawful act or to do a lawful act by unlawful means , ( c ) the doing of some overt act in pursuance of the conspiracy , and ( d ) damage to plaintiff as a result of the acts performed pursuant to the conspiracy . The court cited Florida Fern Growers Ass ’ n , Inc . v . Concerned Citizens of Putnam County , 616 So . 2d 561 ( Fla . 5th DCA 1993 ). At 137 , the Fifth District held :
“ Generally an actionable conspiracy requires an actionable underlying tort or wrong . See Florida Fern Growers Ass ’ n , Inc .; Wright v . Yurko , 446 So . 2d
1162 ( Fla . 5th DCA 1984 ). However , an alternative basis for a civil conspiracy claim exists where the plaintiff can show some ‘ peculiar power of coercion ’ possessed by the conspirators by virtue of their combination , which an individual acting alone does not possess . See Churruca v . Miami Jai- Alai , Inc ., 353 So . 2d 547 ( Fla . 1977 ) ( jaialai players stated claim for conspiracy against jai-alai fronton owners who allegedly conspired to prevent players from getting jobs in arenas after a players strike ); Snipes v . West Flagler Kennel Club , Inc ., 105 So . 2d 164 ( Fla . 1958 ) ( claim for conspiracy was stated against five kennel club owners who refused the plaintiff greyhound racer privileges at their tracks and used intimidation to drive the plaintiff * 141 out of business ); Margolin v . Morton F . Plant Hospital Ass ’ n , Inc ., 342 So . 2d 1090 ( Fla . 2nd DCA 1977 ) ( physician stated a claim for conspiracy against a group of anesthesiologists who refused to provide their services to plaintiff ’ s patients , depriving him of his hospital privileges , and thereby driving him out of his practice ).
The court relied on the concerted nature of the defendants ’ actions in that they all joined together to post what were essentially phony for sale signs . The court found that had only one defendant put up such a sign , there may have been no significant effect on the auction . However , when the defendants in concert all posted for sale signs , it appeared that there were five sellers , including the plaintiff , who were trying to sell their units in the same condominium and that there were , in fact , twice as many units for sale . According to the complaint , this was a small condominium complex and the defendants ’ actions made it appear that a majority of the units in the complex were now for sale . This greater number of units suggested that there must have been something wrong with the condominiums or , at the very least , that there was such an increased supply of units for sale that the market value for each unit was lowered .
In the ordinary conspiracy case , the gist of a civil conspiracy is not the conspiracy itself but the underlying civil wrong . Banco De Los Trabajadores v . Cortez Moreno , 237 So . 3d 1127 , 1136 ( Fla . 3rd DCA 2018 ). However , as explained by the Fifth District , infra , if the plaintiff can show a peculiar power of coercion possessed by the co-conspirators that they individually do not possess the conspiracy itself can be an underlying tort .
This case qualifies the need for an underlying tort when claiming a civil conspiracy and explains the necessary elements of such a conspiracy .
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Tuesday , Nov . 10th YLS Board Meeting 11:45 AM - 1:00 PM
Tuesday , Nov . 10th NCS Board Meeting 12:00 PM - 1:00 PM
Tuesday , Nov . 17th CDI Committee Meeting 12:00 PM - 1:00 PM
Thursday , Nov . 19th JRC Meeting 12:00 PM - 1:00 PM
Tuesday , Nov . 24th Legal Aid Society Board Meeting 5:30 PM - 6:30 PM
PBCBA BAR BULLETIN 12