Legal Question in Elder Law in Florida

Is Possession 9/10ths Of The Law?

I'm a male Florida resident and visited an old classmate in Portland, Oregon that I haven't seen for over 40 years. The purpose of the visit was for a business venture that the classmate proposed to me. When I got there, I was unaware of the financial situation regarding this venture. Bottom line: I did not have the capital for this. Without my knowledge, the classmate called my mother (who is 89 years old) and said I came to her without any money. My mother said she had very little money but had a few items of jewelry. The classmate said she loved jewelry, and this could be used as collateral for the business venture. My mother sent her the items (one diamond ring and two antique gold bangle bracelets; the diamond ring alone is appraised at almost $10,000) without any paperwork since she trusted this woman, since we were childhood friends. My mother called this woman everyday at her home for over 2 months without any response. When she called her at work, a male called her back and told her that the items were a gift. My mother then got a letter from her stating the items were a gift and she would not be returning them. What can we do in a case like this?


Asked on 9/13/08, 8:50 am

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Is Possession 9/10ths Of The Law?

No. What you are describing could be considered theft by deception. It could rise to the level of criminal, but you will have to get a prosecutor to take the case. You did not say if your mother lives in Oregon. If not, given the multi-state issues they will likely tell you your best remedy is to pursue a civil action against her. In any event, it will be your mother's claim to bring in court or criminal complaint to file.

It is odd that your mother would send this woman thousands of dollars of jewelry based on a telephone conversation.

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Answered on 9/13/08, 2:22 pm


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