Case Background
A barbershop owner in Miami went to federal prison in 2018 after entrusting his business to a longtime associate. When the owner returned, he found the associate had taken over the company renamed it, changed the corporate filings, signed a new lease, and was running it as his own. The owner sued, claiming the takeover was unauthorized. The associate countered that the owner sold him the business before going to prison for $8,500 and produced a notarized agreement to prove it. A jury trial in February 2025 resolved the dispute.
Cause
Plaintiff Arturo Alonso Pullu filed suit in Miami-Dade County Circuit Court against Boris Kingdom Barber Shop, Corp. (formerly Paco's Barber Shop, Corp.), Boris E. Abreu, Jose Rodriguez, and El Shopping, LLC. The case proceeded to trial on Pullu's Third Amended Complaint, which contained six counts: Conversion (Count I), Constructive Fraud (Count II), Civil Conspiracy (Count III), Ejectment (Count IV), Civil Theft under Florida Statute 772.11 (Count V), and Constructive Trust (Count VI). Pullu withdrew the Civil Conspiracy claim before trial. The jury considered the Conversion, Constructive Fraud, and Civil Theft claims, while the Court reserved ruling on the equitable claims of Ejectment and Constructive Trust.
By the time of trial, the case proceeded only against Boris E. Abreu and Boris Kingdom Barber Shop, Corp. Jose Rodriguez and El Shopping, LLC did not appear on the verdict form or the Final Judgment.
Injury
Pullu alleged he lost ownership and control of a barbershop he operated for approximately fifteen years. He claimed the Defendants converted his business entity, its revenue, and its leasehold interest during his incarceration without his authorization and without any legitimate sale or transfer of shares.
Damages Sought
The complaint stated that damages exceeded $30,000, exclusive of attorney fees and costs. Pullu sought judgment for possession of the leasehold property, damages, lost income, attorney's fees, and costs.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Arturo Alonso Pullu
· Counsel for Plaintiff: Jorge A. Calil, Esq
Defendant(s): Boris Kingdom Barber Shop, Corp. a/k/a Paco's Barber Shop, Corp.; Boris E. Abreu
· Counsel for Defendant(s): Avelino J. Gonzalez, Esq., | Eduardo Ayala Maura | Leticia Dieppa
Claims
Pullu alleged that he owned and operated Paco's Barber Shop at 308 SW 12th Avenue in Miami since approximately March 2004. The business generated revenue through weekly booth rentals to licensed barbers. Over the years, Pullu trusted Abreu to help manage the shop, though Abreu was never installed as a corporate officer by the board of directors. Pullu also regularly hired Jose Rodriguez, who operated a business services company called Negocios Latinos, for corporate filings, tax preparation, business licenses, and related services.
On or about January 17, 2018, Pullu surrendered himself to federal prison. Before doing so, he asked Abreu to manage the daily operations of Paco's Barber Shop until his release. Pullu alleged that upon his return, he discovered that Abreu hired Rodriguez to remove Pullu from the corporate entity and replace Abreu as president — all without Pullu's authorization, consideration, or any sale of corporate shares. Rodriguez also assisted Abreu in renaming the corporation from Paco's Barber Shop, Corp. to Boris Kingdom Barber Shop, Corp. Pullu further alleged that Abreu renewed the barbershop's lease for a three-year term on September 18, 2018, under his own name.
On the conversion claim, Pullu alleged the Defendants converted his barbershop business and its revenue for their own use and refused his repeated demands to return the business. On the constructive fraud claim, Pullu alleged that Abreu's promise to manage the barbershop and protect its interests during Pullu's absence created a fiduciary relationship, and that Abreu made false representations intending Pullu to rely on them while Abreu's true intention was to take the business for himself. The civil theft claim, brought under Florida Statute 772.11, required proof by clear and convincing evidence.
Defense
In their Answer and Affirmative Defenses filed July 14, 2021, Abreu and Boris Kingdom Barber Shop, Corp. denied the material allegations and raised several affirmative defenses.
The Defendants contended that Pullu willingly entered into a purchase agreement with Abreu for the barbershop at 308 SW 12th Avenue "B," Miami, Florida, for $8,500. The Defendants attached a notarized document dated January 20, 2014, in which Pullu declared he received $8,500 from Boris Evaristo Abreu Veitia for the purchase of the barber shop. The document stated the transaction was a final sale, sold as-is, and bore signatures from both parties. Notary public Sandra Figueroa-Lobo notarized the agreement.
The Defendants argued that they paid Pullu the full $8,500 owed under the agreement and raised defenses including accord and satisfaction, equitable estoppel, waiver, and consent. They maintained that Pullu's incarceration did not void the pre-existing agreement. The Defendants also asserted they properly entered into a lease with Capiro Venture LLC for the barbershop space, and that Abreu was an innocent party who properly claimed title and ownership of the business he purchased from Pullu.
The Defendants also disputed Pullu's release date, stating he left federal prison in 2020, not March 2021 as the complaint alleged.
The verdict form included promissory estoppel as an affirmative defense to each claim. Because the jury found that Pullu failed to establish liability on all three claims, it did not reach the promissory estoppel defense.
Jury Verdict and Court Ruling
The jury trial commenced on February 18, 2025. On February 20, 2025, the jury returned a verdict in favor of the Defendants on all three claims submitted to it. Jury foreperson Julena Hernandez signed the verdict form.
On the conversion claim, the jury found that Pullu did not prove by the greater weight of the evidence that the Defendants committed conversion. On the constructive fraud claim, the jury found that Pullu did not prove by the greater weight of the evidence that Abreu committed constructive fraud. On the civil theft claim, the jury found that Pullu did not prove by clear and convincing evidence that the Defendant committed civil theft. No damages were awarded on any count.
On the equitable claims of Ejectment and Constructive Trust, the Court reserved ruling until after the jury verdict. Judge Barbara Areces considered the evidence presented at trial and, in accordance with the jury verdict, also found in favor of the Defendants on both equitable claims.
The Final Judgment, entered on May 23, 2025, ordered that Pullu shall take nothing by this action and that the Defendants shall go hence without day. The Court reserved jurisdiction to determine costs and entitlement to attorney's fees upon a timely motion by the Defendants.
