SCHOOLS: TORTS: FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT (FDUTPA): SCHOOL BOARD DID NOT ENGAGE IN TRADE OR COMMERCE BY UNDERSTATING EXCEPTIONAL STUDENT’S MATRIX OF SERVICES SCORE IN ORDER TO REDUCE HIS McKAY SCHOLARSHIP: CLAIM FOR DECLARATORY RELIEF PROPERLY DISMISSED WITHOUT PREJUDICE BASED UPON FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES

Montero v. Duval County School Board, ___ So. 3d ___, 40 Fla. L. Weekly D36 (Fla. 1st DCA December 18, 2014)

The parents of an exceptional student sued the school board for understating their son’s matrix of services score in order to reduce his McKay Scholarship. The appellate court affirmed the dismissal without prejudice of the plaintiffs’ claim for … Click To Read Full Case Law Review...

CONTRACTS: FRANCHISE AGREEMENT: TORTS: FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT (FDUTPA): ARBITRATION: DISPUTES INVOLVING THE VALIDITY OF THE ENTIRE AGREEMENT, AND NOT JUST THE ARBITRATION CLAUSE, ARE DECIDED BY THE ARBITRATOR UNDER BOTH FEDERAL AND FLORIDA LAW

Hound Mounds, Inc. v. Finch, ___ So. 3d ___, 40 Fla. L. Weekly D19 (Fla. 4th DCA December 17, 2014)

A Texas corporation, as the franchisor, and a Florida resident, as the franchisee, entered into a franchise agreement. When the agreement did not fulfill his expectations, the franchisee sued in Florida for violations of the Florida Deceptive and Unfair … Click To Read Full Case Law Review...

CONSUMER LAW: CLASS ACTIONS: FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT: ELECTRONIC TITLING AND REGISTRATION FILING FEES: CONTRACTS: MOTOR VEHICLE SALES AND FINANCING: ARBITRATION: RETAIL INSTALLMENT SALES CONTRACT, WITHOUT AN ARBITRATION CLAUSE BUT WITH A MERGER CLAUSE, SUPERSEDED CONTEMPORANEOUSLY EXECUTED RETAIL PURCHASE AGREEMENT WITH AN ARBITRATION CLAUSE

HHH Motors, LLP v. Holt, ___ So. 3d ___, 39 Fla. L. Weekly D2509 (Fla. 1st DCA December 3, 2014)

Immediately after signing a Retail Purchase Agreement (RPA) for a motor vehicle, the plaintiffs signed a Retail Installment Sales Contract (RISC).  The RPA contained an arbitration clause, but the RISC did not.  The RISC did contain a merger clause, … Click To Read Full Case Law Review...

CONSUMER LAW: FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT (FDUTPA): INJUNCTIONS: PROHIBITORY INJUNCTIONS PROSCRIBE SPECIFIC CONDUCT: MANDATORY INJUNCTIONS REQUIRE AFFIRMATIVE ACTION: MANDATORY INJUNCTIONS ARE DISFAVORED: ORDERS: TRIAL COURT ERRED BY ADOPTING PLAINTIFF’S PROPOSED ORDER AND SIGNING IT BEFORE DEFENDANT WAS GIVEN TIME TO REQUEST A HEARING OR FILE A WRITTEN RESPONSE: TRIAL COURT ERRED BY GRANTING RELIEF THAT WAS NOT PLED

Bull Motors, LLC v. Brown, ___ So. 3d ___, 39 Fla. L. Weekly D2317 (Fla. 3d DCA November 5, 2014)

When the plaintiff signed the papers to buy a car from the defendant, a motor vehicle dealer, she accepted the defendant’s offer to furnish credit life and disability insurance.  When the insurer refused to issue the coverage to the plaintiff, … Click To Read Full Case Law Review...

CONSUMER LAW: FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT (FDUTPA): DEPARTMENT OF LEGAL AFFAIRS HAD STANDING TO ACT AS ENFORCING AUTHORITY BECAUSE STATE ATTORNEY DEFERRED LITIGATION AGAINST DEFENDANTS TO DEPARTMENT: STATUTE OF LIMITATIONS APPLIED ONLY TO ALLEGATIONS OF MISCONDUCT OCCURRING MORE THAN FOUR YEARS BEFORE COMPLAINT WAS FILED: ADDING COST OF CREDIT LIFE AND CREDIT DISABILITY INSURANCE TO MONTHLY PAYMENTS WITHOUT DISCLOSURE IS NOT REDRESSABLE UNDER FDUTPA BECAUSE THESE ACTIVITIES ARE REGULATED BY THE OFFICE OF INSURANCE REGULATION OR THE DEPARTMENT OF FINANCIAL SERVICES, AND THESE ALLEGATIONS WERE CONTRADICTED BY DOCUMENTS ATTACHED TO COMPLAINT: CIVIL PROCEDURE: A COMPLAINT IS SUBJECT TO DISMISSAL IF A CLAIM IS NEGATED BY AN EXHIBIT: INSTALLING GPS TRACKING DEVICES WITHOUT NOTIFICATION TO PURCHASER VIOLATES FDUTPA: RES JUDICATA MAY NOT BE RAISED BY MOTION TO DISMISS UNLESS ITS APPLICABILITY IS APPARENT ON THE FACE OF THE PLEADINGS: AMBIGUITY REGARDING REFUNDABILITY OF DEPOSIT OR MISLEADING CUSTOMERS TO BELIEVE DEPOSIT WAS REFUNDABLE VIOLATES FDUTPA: DEPARTMENT OF LEGAL AFFAIRS COULD NOT RELY ON APPEAL UPON STATUTORY PROVISION IT DID NOT RELY UPON IN TRIAL COURT: USE OF THREATS OR FORCE TO COLLECT DEBTS VIOLATES FDUTPA: ERROR TO DISMISS CLAIM BASED UPON WITHDRAWN MOTION TO DISMISS: ENGAGING IN THE BUSINESS OF RETAIL INSTALLMENT SALES OF MOTOR VEHICLES WITHOUT A LICENSE IN NOT ACTIONABLE UNLESS THE VIOLATION CAUSES ACTUAL DAMAGES TO CONSUMERS

Department of Legal Affairs v. Beach Boulevard Automotive, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D1023 (Fla. 1st DCA May 19, 2014)

In this case, the appellate court reviewed the dismissal with prejudice of an amended complaint filed by the Department of Legal Affairs against a motor vehicle dealer for violations of the Florida Deceptive and Unfair … Click To Read Full Case Law Review...