Walker v. Figarola, ___ So. 3d ___, 35 Fla. L. Weekly D2391 (Fla. 3d DCA 10/27/10)
Borrowing money with the intention of not repaying it constitutes fraud rather than breach of contract. This form of fraud will support an action for civil theft. The economic loss rule would not serve as an impediment to such an action because the rule does not bar statutory causes of action or claims based on fraud in the inducement or civil theft.