Question
One day, Johnny Cammerari gets on his knees in Tucini's, an Italian Restaurant in Winter Haven, and asks Loretta Castorini to marry him. After she
One day, Johnny Cammerari gets on his knees in Tucini's, an Italian Restaurant in Winter Haven, and asks Loretta Castorini to marry him. After she says, "Yes!" to the applause of the restaurant patrons, he gives her his diamond-studded pinky ring valued at around $60,000.
Johnny and Loretta agree to get married in a month. That night, Johnny flies from Orlando International Airport to Sicily to see his dying mother. Before departing, Johnny tells Loretta that she has to visit his brother, Ronny, at Cammerari's Bakery, in Lakeland, and ask that he attend their wedding. It seems that five years ago, he and Ronny got into an argument and have not spoken to or seen each other since then.
Loretta visits Ronny the next day and they fall in love after attending an opera that night at the Winter Haven Theatre.
Johnny's mother recovers but she tells him that if he marries Loretta, she will die.
Johnny returns to Winter Haven the next day. He visits Loretta at her house in Haines City the next morning. Ronny is also present when Johnny arrives. Johnny tells Loretta that he cannot marry her and that she must return his pinky ring given to her as an engagement ring. She refuses to return the pinky ring. Johnny brings a lawsuit against Loretta the next day to recover the pinky ring or its value.
1. Assume that the pinky ring was a gift from Johnny to Loretta. Indicate the elements that would make the giving of the pinky rink a gift. Based upon the scene, what element may be called into question by Johnny should he desire to obtain back the ring from Loretta?
2. Will Johnny be successful in his lawsuit? Why or why not? [Assume that all elements for a gift have been met].
3. Assume that the ring from the above facts is found to be valued at$35,000.00. In what Florida court would Johnny bring his lawsuit against Loretta? Explain why.
4. Assume that after Johnny calls off the engagement, Loretta throws the ring at him, and as Johnny picks it up off the floor, Ronny asks Loretta to marry him and she agrees. Ronny then turns to Johnny, and asks Johnny to use his pinky ring as the engagement ring until he can buy a proper ring. Johnny is so stunned by this development that he agrees and hands it over to Ronny. Assume that Ronny then loses Johnny's pinky ring. Can Johnny recover the value of the pinky ring from Ronny? Why or why not?
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