Arrestable Offenses / Crimes under Fla. Stat. 320.27
CopyCited 34 times | Published | Florida 2nd District Court of Appeal | 1997 WL 125902
...They further alleged that the purchase was based on a written retail installment sales contract, a copy of which they attached to their complaint. The appellants also claimed that the appellee was a motor vehicle dealer licensed and doing business under the provisions of section 320.27, Florida Statutes (1991). They concluded with the critical assertion that the appellee violated the duty imposed on such a dealer by section 320.27(9)(n), in failing to disclose to them that, prior to the purchase, the vehicle had sustained various property damage in an accident and that the repair cost of the damage exceeded three percent of the manufacturer's suggested retail price....
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 1997 WL 174345
...f, any court; 3. Banks, finance companies, or other loan agencies that acquire motor vehicles as an incident to their regular business; or 4. Motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers licensed under s. 320.27. [5] Other sections of chapter 320, Motor Vehicle Licenses, also distinguish between motor vehicle dealer and individuals. For example, Florida Statute § 320.27, which requires a motor vehicle dealer to be licensed, distinguishes between the motor vehicle dealer and the applicant for the license as "applicant" or "licensee"....
CopyCited 14 times | Published | Florida 5th District Court of Appeal | 1988 WL 37851
...The girlfriend sued the car dealer for count I, common law fraud; count II, conversion (or civil theft under §
812.035(7), Florida Statutes (1985)); count III, unfair or deceptive trade practices (§
501.204, et seq., Florida Statutes); count IV, violation of section
320.27, Florida Statutes; count V, breach of contract; and count VI, violation of Uniform Commercial Code section 679.502(2), Florida Statutes....
CopyCited 13 times | Published | Supreme Court of Florida | 2000 WL 422864
...HUBBEL Kathryn Hubbel filed a claim for $345.00 against a motor vehicle dealer alleging fraud and deceptive trade practices. She also sought recovery under the $25,000 surety bond issued to the dealer by Aetna Casualty & Surety Company (Aetna) under section 320.27(10), Florida Statutes (1997)....
...The county court subsequently granted attorney's fees against the dealer and Aetna in favor of Hubbel in the amount of $10,000. Aetna appealed the award of attorney's fees, and the circuit court affirmed the county court order. The circuit court held that the attorney's fee provision of FDUTPA was incorporated in section 320.27(10), the statute that requires motor vehicle dealers to post a surety bond or to obtain a letter of credit to cover consumer losses....
...and Annie Herbert filed a claim in county court against a motor vehicle dealer and its surety, Aetna, charging the dealer with violations of chapter 320, which also constituted deceptive trade practices under FDUTPA. The surety bond was provided to the dealer pursuant to section 320.27(10)....
...The county court then awarded attorney's fees against the dealer and Aetna in the amount of $11,550, which Aetna appealed. The circuit court affirmed the award, but the Fifth District summarily quashed the circuit court's affirmance, citing to its decision in Hubbel. See Herbert. Attorney's Fees Under Section 320.27(10) Petitioners Hubbel and Herbert argue that the loss covered by a motor vehicle dealer's bond includes attorney's fees because section 320.27(10) requires the bond to cover "any loss or damage" of a dealer's customer and because the attorney's fee provision under FDUTPA is incorporated into chapter 320....
...trade practices against the motor vehicle dealers under FDUTPA. Section
501.2105, Florida Statutes (1997), a part of FDUTPA, provides for attorney's fees for the prevailing party in such an action. However, the statute in issue in this proceeding is section
320.27(10) and the bond provisions directed by the state agency to implement that statute....
...change of any motor vehicle and shall not violate any of the provisions of chapter 319 and [chapter 320] in the conduct of the business for which the dealer is licensed." [1] The issue is whether attorney's fees are to be considered "any loss" under section 320.27(10)....
...or contract. The written contract in this case, the surety bond, does not contain a provision for attorney's fees. Nor does the complaint assert any violations of chapters 319 and 320. [4] Most important, there is no provision for attorney's fees in section
320.27(10). While chapter 320 does contain provisions for attorney's fees elsewhere, see, e.g. §§
320.697,
320.8245,
320.838, Fla. Stat. (1997), it does not contain such a provision in section
320.27(10). We conclude that under the plain language of the statute, attorney's fees are not included under the statutory scheme set forth in section
320.27(10); accordingly, we disapprove Marshall....
...If we accepted the arguments of the claimants in this case, logic and commonsense necessarily lead to the conclusion that the asserted judicial construction would result in the attorney's fee provisions substantially depleting the fund. The applicable statute, section 320.27(10), by its clear terms, states "the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond, or in the case of a letter of credit, the aggregate liability or the issuing bank shall not exceed the...
...majority's determination that costs and attorney's fees included in the judgments in favor of Hubbel and the Herberts as elements of recoverable loss under the law applicable to these facts do not constitute "any loss" as those words are utilized in section 320.27(10), Florida Statutes (1999)....
...[7] In a similar manner and contrary to the majority's analysis, the face amount of the surety bond does not in any way address the definition of the phrase "any loss" for which bonds or letters of credit are required to respond. Contrary to the majority's determination, I conclude that the plain meaning of section 320.27(10)which is also supported by public policy-requires that when a motor vehicle dealer fails to *99 comply with the conditions of a written contract (such as a refusal to refund a deposit as occurred in one of these cases) and the con...
...hapter 501, Florida Statutes (1999), for which Florida law describes the elements of loss recoverable to include costs and attorney's fees, the elements of loss as described by statute are or should be covered by the surety bond provided pursuant to section 320.27(10)(a)....
...She specifically alleged, among other things, that the motor vehicle dealer had failed to refund a $500 deposit to her in accordance with a written contract executed by the parties, and she also sought recovery under the surety bond issued by Aetna pursuant to section 320.27(10)....
...under the surety bond. The circuit court, in its appellate capacity, held that the attorney's fees element of loss as provided to a prevailing party under section
501.2105, Florida Statutes (1999), which is part of the FDUTPA, was incorporated into section
320.27(10), the statute requiring motor vehicle dealers to annually post a surety bond, and, therefore, Hubbel was entitled to recover attorney's fees from the surety, Aetna....
...ations of chapter 320, Florida Statutes (1995), which also constituted deceptive trade practices under the FDUTPA. In the same action, the Herberts sought recovery from the motor vehicle dealer's surety, Aetna, which had provided a surety bond under section 320.27(10)....
...on in Hubbel to quash the circuit court's appellate decision. See Aetna Cas. & Sur. Co. v. Herbert,
706 So.2d 417, 417 (Fla. 5th DCA 1998). It is under these circumstances that the present cases come before this Court for resolution. II. ANALYSIS OF SECTION
320.27(10) AND SECTION
501.2105 A. PLAIN MEANING OF THE STATUTES Section
320.27(10)(a), Florida Statutes, requires a motor vehicle dealer to post a surety bond or obtain an irrevocable letter of credit, in the amount of $25,000, as an annual prerequisite to being licensed in Florida....
...The amount of the bond or letter of credit has not increased for the last fifteen years. [9] The bond or letter of credit is issued "in favor of any person in a retail or wholesale transaction who shall suffer any loss as a result of any violation of the conditions hereinabove contained." § 320.27(10)(b), Fla....
...ate any of the provisions of chapter 319 and this chapter [chapter 320] in the conduct of the business for which the dealer is licensed. Id. (emphasis added). The provisions of the surety bonds issued by Aetna in the cases here are those required by section 320.27(10)(b), and the bonds are substantively identical to each other....
...he nonprevailing party in such litigation. Section
501.2105(4), Florida Statutes, provides, "Any award of attorney's fees or costs shall become part of the judgment and subject to execution as the law allows." Based on the plain language of sections
320.27(10) and
501.2105, several matters are clear. First, before one may seek recovery under a surety bond or irrevocable letter of credit pursuant to section
320.27(10), a motor vehicle dealer must (1) violate the conditions of a written contract for the sale or exchange of a motor vehicle; or (2) violate any provision contained in chapters 319 or 320 of the Florida Statutes. Second, if the motor vehicle dealer violates a written contract or a statutory provision of chapters 319 or 320, the bond or letter of credit issued pursuant to section
320.27(10) shall cover "any loss" resulting therefrom....
...udes the elements of attorney's fees and costs as provided by statute and included as part of the judgment against a dealer. [11] In Hubbel's case and the Herberts' case, the motor vehicle dealers violated at least one of the conditions set forth in section 320.27(10) and, correspondingly, one of the provisions set forth in the surety bonds issued by Aetna became applicable....
...Tellingly, Aetna has not contested its underlying liability on the bonds issued to the dealers in the cases here, but instead has contested only its liability for the element of attorney's fees. Thus, it is clear that the motor vehicle dealers subject to the judgments violated at least one of the conditions set forth in section 320.27(10), and the bonds issued by Aetna became applicable....
...In Hubbel's case and the Herberts' case, the dealers' misconduct constituted not only a violation of a written contract, but also an unfair and deceptive trade practice as defined by Florida law in violation of the FDUTPA. In such circumstances, when a violation of one of the conditions contained in section 320.27(10) occurs and *102 such conduct is egregious to the extent to be subject to the FDUTPA, and attorney's fees and costs are established as recoverable losses under that chapter, those fees and costs constitute part of "any loss" as defined by law and are recoverable by the beneficiary of the bond....
...The judgment obtained by the plaintiff against the dealer included attorney's fees and costs, and when the dealer did not satisfy the judgment, the plaintiff sought recovery from the surety company that had issued a $30,000 bond to the dealer under a statute similar to section 320.27(10)....
...Aetna coextensively responsible for those fees and costs would not violate the terms of the surety bonds or statute because, under the bonds, Aetna is responsible for "any loss" resulting from the dealers' violations of the conditions enumerated in section 320.27(10). Accordingly, based on the above, I conclude that the plain meaning of sections 320.27(10) and 510.2105 render Aetna responsible for attorney's fees and costs in the cases here....
...ters of credit to make the statutory scheme work if the obligation was "open-ended as asserted by the claimants." Majority op. at 98. First, the claimants here candidly admitted during oral argument that the exposure of the surety under the terms of section 320.27(10) for the judgment against the principal (dealer) is not open-ended and is limited to the facial amount of the bond issued....
...ida Statutes (1995)). Although Nichols involved a surety on a guardianship bond, this Court disapproved Dealers Insurance Co. v. Centennial Casualty Co.,
644 So.2d 571 (Fla. 5th DCA 1994), which involved a surety on a motor vehicle dealer bond under section
320.27(10), "to the extent that [ Dealers ] holds that section
627.428 does not apply to sureties." Nichols,
704 So.2d at 1374....
...Since this claim was not preserved in any lower court and the allegations in the complaints for fees were specifically stated to be based upon a different statute, I *105 agree with the majority view that section
627.428(1), Florida Statutes, cannot now be applied in the cases here. ANSTEAD, J., concurs. NOTES [1] Section
320.27(10) provides in full as follows: (10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED. (a) Annually, before any license shall be issued to a motor vehicle dealer, the applicant-dealer of new or used motor vehicles shall deliver...
...unt of the claim or payment. (g) Any surety company which cancels the bond of any licensee or any bank which cancels an irrevocable letter of credit shall notify the department in writing of such cancellation, giving reason for the cancellation. [2] Section 320.27(9) provides in pertinent part: (9) DENIAL, SUSPENSION, OR REVOCATION. The department may deny, suspend, or revoke any license issued hereunder or under the provisions of s....
...The bond shall be to the department and in favor of any person who shall suffer any loss as a result of any violation of the conditions hereinabove contained. §
320.77(11), Fla. Stat. (1975). [4] Petitioners do contend that there were violations of section
320.27(9) because that subsection allows for the revocation of a dealer's license if the dealer willfully engages in a pattern of fraud....
...[5] The current version of section
627.428(1), Florida Statutes, is cited here because it is identical to the last three versions. Compare §
627.428(1), Fla. Stat. (1999), with §
627.428(1), Fla. Stat. (1997); §
627.428(1), Fla. Stat. (1995); and §
627.428(1), Fla. Stat. (1993). [6] The current version of section
320.27(10), Florida Statutes, is cited here because it has undergone only one minor revision since the operative facts in the present cases occurred in April and May of 1995....
...[8] The Fifth District was correct to certify conflict with the First District's decision in Marshall, as the statutory language at issue here is nearly identical to the statutory language at issue in Marshall. Compare §
320.77(10)(11), Fla. Stat. (1975), with §
320.27(9)-(10), Fla. Stat. (1995); see also Majority op. at 95, 96-97. [9] Compare §
320.27(10), Fla....
...by the prevailing party, and are subject to execution. See §
501.2105(4), Fla. Stat. (1999). [11] Aetna does not argue here, nor has it argued in any of the proceedings below, that costs do not constitute part of "any loss" as that term is used in section
320.27(10) and surety bonds or letters of credit issued pursuant to that statutory subsection. Likewise, in its opinion, the majority does not address the issue of costs. It is clear, however, that under the reasoning set forth in the majority opinion, costs would not be considered part of "any loss" because neither section
320.27(10) nor surety bonds or letters of credit issued pursuant to that statutory subsection mention costs....
...cases here. [12] I agree in concept with Aetna and the majority that the facts in the present cases do not establish a violation of an express provision of chapter 319 or chapter 320. However, violation of the FDUTPA is also a technical violation of section 320.27(9)(a), Florida Statutes....
...5th DCA 1994), review denied,
658 So.2d 989 (Fla.1995), disapproved on other grounds by Nichols v. Preferred National Insurance Co.,
704 So.2d 1371 (Fla.1997), on the additional basis that the Fifth District found the surety company that issued a bond pursuant to section
320.27(10) not liable for attorney's fees, despite the fact that the underlying contract breached by the motor vehicle dealer expressly provided for the recovery of such fees. [14] The Department of Highway Safety and Motor Vehicles notifies a consumer of the existence of a bond or letter of credit if it determines that a loss has occurred due to a violation of chapters 319 or 320, Florida Statutes. See §
320.27(10)(b), Fla....
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 2005 WL 2899280
...[1] In August 2002, a final judgment and entry of default was entered against the defendants for $17,413.09. The Prices then filed suit against RLI, as surety for First Choice. RLI had issued a surety bond for $25,000 covering First Choice, as principal, pursuant to section 320.27(10)....
...Since the contract had been assigned to Florida Finance and Florida Finance repossessed the vehicle, RLI is not liable under the bond which covers only First Choice. AFFIRMED. SAWAYA and TORPY, JJ., concur. NOTES [1] Apparently First Choice was going out of business at the time. [2] 320.27....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 1993 Fla. App. LEXIS 6736, 1993 WL 221392
...(emphasis supplied) We agree with the trial judge that the Berryhills need not be direct purchasers from Touch of Class to recover damages under its bond with United. In order to be allowed to do business in Florida, a motor vehicle dealer must post a surety bond or irrevocable letter of credit, pursuant to section 320.27(10)(b), Florida Statutes (1987)....
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...Calvin, and Charles Knott, Tallahassee, for respondent. John B. Kent, Fred H. Kent, Kent, Sears, Durden & Kent, William R. Frazier, Jacksonville, and David R. Larrouy, Dearborn, for amicus curiae. BOYER, Judge. Bev Smith Ford, Inc. ("Smith") filed an application, pursuant to F.S. 320.27, for a license to engage in business as a Ford franchised motor vehicle dealer in Lake Park, Palm Beach County, Florida on March 23, 1973....
..."Therefore, under the circumstances it would appear just to grant the applicant a license to act as a Ford franchised dealer. "It is accordingly "ORDERED that the license applied for shall be issued upon compliance by the applicant with all requirements as provided in Section 320.27, Florida Statutes." Motion for rehearing was filed by Petitioner which was denied by Respondent's order dated December 17, 1973....
...ave been validly issued by Respondent. Respondent urges that the above mentioned statutes do not govern and that the applicable law may be found in Chap. 70-424, Laws of Florida (hereinafter referred to as Chapter 70-424). F.S.
320.642 and part of F.S.
320.27 and F.S....
...Florida Statutes 1973, as provided in F.S.
11.2421, Florida Statutes 1973.) The statutory revision services, apparently relying upon Chapter 70-439, Laws of Florida, as authority, made substantial and material changes in Chap. 70-424. As a result F.S.
320.27(1)(a) Florida Statutes 1971, was made to read: "(1) Definitions....
CopyCited 10 times | Published | Supreme Court of Florida
...As the court below succinctly phrased it: "* * * and it appears to the Court that no facts are in dispute and the only issue is one of law involving the validity of Chapter 59-295, Laws of Florida." The pertinent sections of the act follow: "Section 1. It shall be unlawful for any person, firm or corporation licensed under Section 320.27, Florida Statutes, to engage in the business of buying, selling, trading or exchanging new, used or second-hand motor vehicles, or to offer to buy, sell, trade or exchange new, used or second-hand motor vehicle or interest therein or a...
...holidays, commonly called New Year's Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas. * * * * * * "Section 3. A violation of any provision of this act shall subject the offender to the penalties provided for in subsection (9) of said section 320.27, Florida Statutes, and for a first offense to the suspension of license not to exceed thirty (30) days and for a second offense the revocation of license. All suspension or revocation orders shall be reviewable by any court of competent jurisdiction. "Section 4. Upon proof of the violation of any provision of this act by any licensee it shall be presumed that every other dealer licensed under section 320.27, Florida Statutes, has sustained damages for which no adequate relief exists, except by injunction, and any other licensee shall be entitled to an injunction in any court of competent jurisdiction to restrain and enjoin a further violation of this act....
...THOMAS, C.J., and HOBSON, THORNAL and O'CONNELL, JJ., concur. TERRELL and ROBERTS, JJ., dissent with opinion. ROBERTS, Justice (dissenting). The sole issue on this appeal is the constitutionality vel non of Ch. 59-295, Acts of 1959, now appearing as Sec. 320.272, Fla....
...The Act in question prohibits the sale or exchange, or negotiation therefor, of new or used motor vehicles on Sundays and five enumerated legal holidays (New Year's Day, the Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day) by persons or corporations licensed under Section 320.27, Fla....
...motor vehicle dealers in a classification separate and apart from merchants in general, it would be to close our eyes to reality." (Italics supplied.) Nor do I think the fact that the statute applies only to those licensed as used-car dealers under Section 320.27, and not to isolated transactions by individuals or to dealers who, conceivably, might deal exclusively in new cars, renders it invalid....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...While it may be true that the automobile in suit was "a new automobile" in the sense that it had not been regularly put to the use for which designed, both Garner and Florida Motor Company of Pensacola were "used car dealers" within the meaning of Section 320.272 F.S....
...as a dealer, who in good faith purchases such new motor vehicle for purposes other than resale." (Emphasis supplied.) It is interesting to note that a special occupational license and other requisites are *839 provided for "secondhand dealers". See Section 320.27 F.S....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1994 Fla. App. LEXIS 5402, 1994 WL 244162
...The complaint in this case also named appellant Dealers Insurance Company as a defendant. Several days after the voluntary dismissal, process was served on Dealers. Plaintiff contended that Dealers had issued a surety bond in the amount of $25,000 pursuant to section 320.27(10), Florida Statutes (1991)....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 14459, 2001 WL 1219492
...["Fleetwood"] and its officer and director, Peter J. Zaccagnino, III ["Zaccagnino"]. Appellee, Travelers Casualty and Surety Company f/k/a Aetna Casualty and Surety, Inc. ["Travelers"], was sued in both actions in its capacity as a surety under a $25,000 surety bond held by Fleetwood. See § 320.27(1), Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1994 Fla. App. LEXIS 9962, 1994 WL 559631
...McDonald, Fishback, Dominick, Bennett, Stepter, Ardaman & Bonus, Orlando, for appellee. GRIFFIN, Judge. This is the appeal of a final judgment awarding recovery under a statutory motor vehicle dealer bond. We affirm in part and reverse in part. In Florida, motor vehicle dealer bonds are governed by section 320.27(10), Florida Statutes, which makes the posting of such a bond [by a motor vehicle dealer] mandatory as a condition of annual licensure....
...Dealers never agreed to pay fees for Centennial's pursuit of Krash or for Centennial's successful prosecution of a claim under the bond. The award of attorney's fees is reversed. AFFIRMED IN PART; REVERSED IN PART. W. SHARP and THOMPSON, JJ., concur. NOTES [1] Section 320.27(10)(b)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...ment. Upon consideration of the foregoing, the judgment of the trial court is affirmed and the petition of appellant for constitutional stay writ is denied. RAWLS, C.J., and SPECTOR and BOYER, JJ., concur. NOTES [1] Expressly issued pursuant to F.S. § 320.27, F.S.A....
...Since the parties make no reference to this fact, the court will assume that the license was properly renewed. [3] It will be observed that the definition of "motor vehicle dealer" in §
320.60 differs from the definition of "motor vehicle dealers" in §
320.27 (although both are parts of the same enactment Chapter 70-424) in that under §
320.27 one must be in the business of buying, selling, etc., but that is not required by §
320.60....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...The Director took no action on the petition for rehearing since there was no authorization for the filing of such petition. Petitioner contends that the Director did not have authority to issue a motor vehicle dealer license. We agree and reverse. Petitioner, relying upon § 320.27, Florida Statutes (1975), contends that the authority to hold hearings and pass upon applications for motor vehicle dealer licenses is vested in the Department of Highway Safety and Motor Vehicles (the Governor and Cabinet) and not in the Director of the Division of Motor Vehicles. § 320.27, Florida Statutes (1975), provides in pertinent part: "(4) License Certificate. A license certificate shall be issued by the department in accordance with such application when the same shall be regular in form and in compliance with the provisions of this section... ." (Emphasis supplied.) Subsection (1)(a) of § 320.27 defines "department" as follows: "(a) `Department' means the department of highway safety and motor vehicles." Section 320.665(1), Florida Statutes (1975), provides in pertinent part as follows: *899 "(1) In the event the department shall c...
...da Legislature (the substantive law which has been incorporated in Florida Statutes 1971, Florida Statutes 1973, and Florida Statutes 1975) used the word "director" in the instances where the word "department" appears in the above quoted passages of § 320.27(4) and § 320.665(1)....
...By the notice and supplement, respondents point out that Chapter 77-357, Laws of Florida, amended Chapter 320, Florida Statutes, and provided that the Director of the Division of Motor Vehicles of the Department of Highway Safety and Motor Vehicles shall have the power to conduct any hearing pursuant to the provisions of §§
320.27-
320.274, notwithstanding the provisions of §
120.57(1)(a) and providing that the Director shall thereupon make his rulings and orders which shall constitute final agency action....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...Dean Boggs of Boggs & Colee, and Robert B. Horner, Jacksonville, for appellees. SPECTOR, Judge. The sole question presented by this appeal is whether a person furnishing "floor plan" financing to automobile dealers may recover under the surety bond required of motor vehicle dealers by Section 320.27(10), Florida Statutes, F.S.A....
...ick, but the court held that Hamrick's surety, Northwestern, was not liable, ruling that the transaction giving rise to the suit was not "in connection with the sale or exchange of any motor vehicle" as provided by both the surety bond agreement and Section 320.27(10), Florida Statutes, F.S.A....
...bsequently amended to read "any person". As this court stated in Barnett First National Bank v. Fidelity & Deposit Company,
221 So.2d 11 (Fla.App. 1969), "The legislature clearly recognized the restrictive meaning of the word `purchaser' by amending
320.27, and thereby extending the protection of the bond, in the case of used cars, to the vendors assignee." The basis of the ruling appealed is that Interstate's loss did not arise out of Hamrick's failure to comply with the conditions of a written contract made in connection with the sale or exchange of a motor vehicle....
...title certificate. Therefore, without Hamrick's duplicity in obtaining a duplicate title certificate, the loss to Interstate would not have occurred. The question now becomes whether Hamrick's actions were such as to bring him within the purview of Section 320.27(10), Florida Statutes....
...rtificates. It seems to us that the procurement of a duplicate title certificate by making a false representation in connection with the application therefor in violation of Chapter 319 is a breach of one of the conditions of the bond required under Section 320.27(10), Florida Statutes. The loss of Interstate arose out of a violation by the dealer of Chapters 319 or 320, and the loss is therefore covered by the bond required in Section 320.27(10)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1988 WL 105206
...The Department adopted the recommended order as its own and ordered that (1) Abraham's second amended complaint be dismissed with prejudice, and (2) Collection's application for relocation be approved following Collection's compliance with all applicable provisions of § 320.27....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2004 WL 2898087
...Alderman, Assistant General Counsel, Department of Highway Safety and Motor Vehicles, Tallahassee, for appellee. HAZOURI, J. Appellant, Roman Fedo, Inc., is a holder of a motor vehicle dealer license issued by the Department of Highway Safety & Motor Vehicles (Department) pursuant to section 320.27, Florida Statutes (2003)....
...The informal hearing was held and the Department issued a final order that took no action against appellant but ordered Fedo to remove himself as an officer and director of appellant, to divest himself of his stock in appellant, and otherwise cease to be involved in the operations of appellant, pursuant to section 320.27(9)(c), Florida Statutes (2003)....
...The standard of review is set forth in Novick v. Department of Health,
816 So.2d 1237 (Fla. 5th DCA 2002), which provides that "the standard of review is whether the agency's interpretation of the law is clearly erroneous." Id. at 1240. Appellant asserts that the Department's interpretation of section
320.27(9)(c) is clearly erroneous in that it does not authorize regulation of corporate licensed motor vehicle dealer's shareholders. It further argues that the Department is without authority to order Fedo to divest himself of his shares in the corporation. Section
320.27(9) is the provision under which the order below was based....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1993 WL 366884
...rida. The dealership, to be operated by appellant herein, was to have an annual sales volume of up to 1,360 cars and trucks, and would require 213,825 square feet of property. In May 1988, appellant, after complying with the requirements of sections
320.27 and
320.642, Florida Statutes, sent its preliminary application for franchise motor vehicle license to the Department....
...to the applicant as to what is required to obtain an extension. Subsequently, a rule was adopted to require commencement of construction within 12 months of application approval. Fla. Admin. Code R. 15C-7.004(7)(d) (effective October 14, 1991). [2] Section 320.27, Florida Statutes, sets forth lengthy and complex application procedures, and requires, inter alia, a substantial financial commitment, as evinced by: Such application shall describe the exact location of the place of business and shal...
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...Respondent was correct in construing the application filed by Home Volkswagen, Inc., as a new application to be processed under §
320.642, Fla. Stat., rather *1290 than an application for supplemental license by Volkswagen South, Inc., to be processed under §
320.27(5), Florida Statutes....
...s ownership could be readily changed (as pointed out by Goldstein's previously quoted letter of December 13, 1971). It was certainly not the intent of the legislature that the provisions of §
320.642, Fla. Stat., could be circumvented by construing §
320.27(5), Florida Statutes, to allow issuance under it of a supplemental license to a corporation other than the original licensee....
...Calvin,
275 So.2d 26 (Fla.App. 1st 1973). Petitioner contends that respondent is now estopped to deny the issuance of the license because of its efforts and expenditures in reliance upon respondent's representations that the application was a proper one under §
320.27(5), Florida Statutes....
...RAWLS, Acting C.J., and SMITH, J., concur. ON PETITION FOR REHEARING McCORD, Judge. In its petition for rehearing, petitioner contends that our opinion was in error in characterizing the original application of Volkswagen South, Inc., as an application under §
320.27(5), Fla. Stat. It contends that the application was filed under §
320.642, Fla. Stat., and that respondent Director did not ever characterize it as an application under §
320.27(5)....
...is court should rule that respondent Director is now estopped to deny issuance of the license to the new corporation in view of its expenditures made in reliance upon respondent Director's tacit approval of the amendment to the original application. § 320.27 relates to application for motor vehicle dealer licenses....
...sentation in the community or territory for such licensee. The burden of proof in showing inadequate representation shall be on the licensee." In spite of petitioner's contention that the original application was not for a supplemental license under § 320.27(5), it bore all of the earmarks of a supplemental license....
...In view of the circumstances related in our previous opinion and this opinion on petition for rehearing, our affirmance is without prejudice to further amendment of the application to reconvert it into an application of Volkswagen South, Inc., for a supplemental license under § 320.27(5), Fla....
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 47 U.C.C. Rep. Serv. 2d (West) 374, 15 Fla. L. Weekly Fed. B 40, 2002 Bankr. LEXIS 52
...536, 545 (Bankr.C.D.Cal.1997). It is further important to note that Revised U.C.C. § 9-311(d) adopts a rule similar to both California and Florida's rule by extending the filing requirement to inventory held for lease as well as inventory held for sale. See Fla. Stat. § 320.27(1)(c) (2001); In re Freedom Rental, 102 B.R....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2005 WL 3487856
...Stat. Yeoman notes that in enacting regulatory practice acts for various occupations, trades, vocations, and professions, the Legislature sometimes has set out absolute bars to licensure where the applicant has a prior felony conviction. See, e.g., § 320.27(9)(a)2., Fla....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 4673
...Those provisions of the interlocutory order and final decree appealed herein purporting to grant injunctive relief to Travelers against execution on the judgment held by Montgomery are reversed and the cause remanded for further proceedings. CARROLL, DONALD K., and SACK, JJ., concur. . F.S. § 320.27(10), F.S.A....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2017 WL 1364000, 2017 Fla. App. LEXIS 5057
...sation for the insured’s or beneficiary’s attorney prosecuting the suit in which the recovery is had-. §
627.428(1), Fla. Stat. (2012) (emphasis added). In general, section
627.428 applies to sureties that issue motor vehicle dealer bonds under section
320.27(10), Florida Statutes (2008). In Snow v. Jim Rathman Chevrolet, Inc.,
39 So.3d 368, 369 (Fla. 5th DCA 2010), which involved the sale of a defective ear by a dealer that had “obtained ... a dealer surety bond as required under section
320.27(10),” the Fifth District held that “section
627.428(1) does authorize an award of attorney’s fees against a surety that has issued a bond pursuant to section
320.27(1).” The basic facts in Snow were similar to those of the instant case....
...Applying the Nichols analysis, we conclude that Fidelity is a surety that fits the defini *730 tion of insurer for purposes of applying the provisions of section
627.428. We do not find any specific statute that governs attorney’s fees in instances involving dealer bonds issued under section
320.27(10)....
...mount, it would be a waste of judicial resources to have the trial court consider on remand the appropriateness of a multiplier. Concerning defendants’ argument that any award against Safeco should have been limited to the face amount of the bond, section 320.27(10) provides, in relevant part: *732 (10) Surety bond or irrevocable letter of credit required.— (a) Annually, before any license shall be issued to a motor vehicle dealer, the applicant-dealer of new or used motor vehicles shall del...
...d or letter of credit or a proper continuation certificate shall be delivered to the department at the beginning of each license period. However, the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond .... §
320.27(10), Fla. Stat. (2008) (emphases added). In David Boland, Inc. v. Trans Coastal Roofing Co.,
851 So.2d 724, 726-27 (Fla. 2003), the Florida Supreme Court explained how it previously determined in Nichols that a statute similar to section
320.27 limited a surety’s liability for section
627.428 attorney’s fees to the face amount of a guardianship bond (except where the surety engaged in independent misconduct): [S]ection
627.428 is primarily directed toward claimants’ ent...
...of a claim. Id. David Boland, Inc.,
851 So.2d at 726-27 (emphasis added). 4 The language of section
744.357 providing that “[n]o surety for a guardian shall be charged beyond the property of the ward” is substantively similar to the language of section
320.27(10)(b) providing that “the aggregate liability of the surety in any one year shall in no event exceed the sum of the bond.” In Gene B. Glick Co. v. Fischer-McGann, Inc.,
667 So.2d 865, 867 (Fla. 4th DCA 1996), although it did not involve a surety bond issued pursuant to section
320.27(10), this court reversed a “primary judgment plus interest and attorney’s fees” to the extent that the total of the award “exeeed[ed] the amount payable under the surety’s bond,” and remanded to the trial court with instruc...
...We remand this matter to the trial court to vacate the prior fee award against Safeco *734 and enter a new fee award against Safeco under section
627.428 that is capped at $25,000 (less the damages owed to appellant for the successful underlying FDUT-PA claim). See §
320.27(10), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1982 Fla. App. LEXIS 21166
FURLONG, a duly licensed dealer pursuant to Section
320.27, Florida Statutes, of its election to cancel
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 5641, 1999 WL 270191
...utomobiles in its inventory. For that reason, AFC held, as security, the certificates of title to all of the vehicles RWO financed under the floor plan. WIIC was the insurance company, who issued the motor vehicle surety bond for RWO, as required by section 320.27(10), Florida Statutes (1996)....
...When RWO defaulted on its obligation, AFC learned that RWO had, in violation of the security agreement, sold automobiles out of its inventory without directing any of the proceeds to AFC — -transactions otherwise referred to as “out of trust” sales. AFC, thus, pursuant to section 320.27(10), made a claim on the surety bond....
...chapters 319 and/or 320, Florida Statutes (1996). WIIC filed a motion to dismiss, asserting that AFC was not a person protected by the bond, because it did not suffer a loss arising from a retail or wholesale transaction with RWO, as contemplated by section 320.27(10)(b). The complaint was dismissed with prejudice, and AFC *1105 timely appealed. The question before this court is thus whether a floor plan financier is an intended beneficiary of a surety bond issued under section 320.27(10). Section 320.27(10)(b) provides: Surety bonds and irrevocable letters of credit shall be in a form to be approved by the department and shall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by...
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15481
license certificate application made .pursuant to Section
320.27(4), Florida Statutes (1975),1 held a hearing
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12414
statutorily required surety bond pursuant to section
320.27(10), Florida Statutes (1973), Jerry Webster
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1989 Bankr. LEXIS 1070
...This exception applies only to one who holds a security agreement covering the motor vehicle floor plan stock of a licensed dealer. The Trustee recognizes the exception but contends the Debtor does not fall within the scope of the term “motor vehicle dealer” as defined by Fla.Stat. § 320.27(l)(e). 2 The Trustee contends the Debtor is not a dealer as defined by Section 320.27(l)(c) since “the Debtor is not substantially in the business of selling vehicles.” In addition, the Debtor’s business is identified on its bankruptcy schedules as a business which leases and rents vehicles. To support this position, the Trustee discounts the literal meaning of Section 320.27 which incorporates the term "lease-purchase” in the definition of “sale”....
...In re McGetrick *851 must also be distinguished due to statutory differences. Conversely, the Defendant argues there is no distinction between inventory held for sale and inventory held for lease. It contends the term “lease purchase” is included in the term “selling” and “sale,” Fla.Stat. §§
319.001(2) and
320.27(10)(c), and therefore the filing of the financing statement on January 18, 1985 was sufficient to properly perfect the security interest in the collateral....
...The answer turns on whether the Debtor is a licensed dealer. Fla.Stat. §
319.27 does not apply to any security interest covering any motor vehicle floor plan of any licensed dealer. Fla.Stat. §
319.27(1). A “licensed dealer” means a motor vehicle dealer licensed under Section
320.27....
...t creditors or subsequent purchasers for a valuable consideration and without notice, unless a sworn notice of such lien has been filed in the department and such lien has been noted upon the certificate of title of the motor vehicle ... . Fla.Stat. § 320.27(l)(c) provides: “Motor vehicle dealer” means any person engaged in the business of buying, selling, or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail....
CopyPublished | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 8762, 2010 WL 2425946
...No Appearance for Appellee Jim Rathman Chevrolet. SAWAYA, J. The issue we must resolve is whether section
627.428(1), Florida Statutes (2009), authorizes an award of attorney's fees against a surety that has issued a motor vehicle dealer bond pursuant to section
320.27(10), Florida Statutes (2009)....
...Snow and Amy Snow, in the underlying suit they brought against Appellees, Jim Rathman Chevrolet, Inc., and Fidelity and Deposit Company of Maryland. We reverse the order denying fees and hold that section
627.428(1) does authorize an award of attorney's fees against a surety that has issued a bond pursuant to section
320.27(1). This case involves a defective motor vehicle the Snows purchased from Rathman Chevrolet. Prior to the purchase, Rathman Chevrolet had obtained from Fidelity a dealer surety bond as required under section
320.27(10)....
...Although the trial court held a hearing on the request for fees and costs, it confined itself to the issue of fees and did not address costs. Concluding that section
627.428(1) does not allow an award of fees against a surety that has issued a bond under section
320.27(10), the trial court entered the order we now review....
...§
627.428(1), Fla. Stat. (2009). These provisions apply in virtually all insurance suits, and they are considered an implicit part of every insurance contract. State Farm Fire & Cas. Co. v. Palma,
629 So.2d 830, 832 (Fla.1993). In order to cover consumer losses, section
320.27(10) requires that before a license is issued to a motor vehicle dealer, the dealer must either obtain a surety bond in the amount of $25,000 or a letter of credit....
...Applying the Nichols analysis, we conclude that Fidelity is a surety that fits the definition of insurer for purposes of applying the provisions of section
627.428. We do not find any specific statute that governs attorney's fees in instances involving dealer bonds issued under section
320.27(10)....
...Aetna Casualty & Surety Co.,
758 So.2d 94 (Fla.2000), but we think Fidelity's reliance on that case is misplaced and the trial court's reliance on that case was erroneous. [2] The majority in Hubbel held that attorney's fees cannot be recovered from a surety that issued a motor vehicle dealer bond under section
320.27(10) because that statute does not provide for attorney's fees. Hubbel,
758 So.2d at 97. The issue of whether the provisions of section
627.428 applies to sureties that issue surety bonds under section
320.27(10) was not properly raised by the parties and therefore was not considered by the court in Hubbel....
...ida Statutes (1995)). Although Nichols involved a surety on a guardianship bond, this Court disapproved Dealers Insurance Co. v. Centennial Casualty Co.,
644 So.2d 571 (Fla. 5th DCA 1994), which involved a surety on a motor vehicle dealer bond under section
320.27(10), "to the extent that [ Dealers ] holds that section
627.428 *372 does not apply to sureties." Nichols,
704 So.2d at 1374....
...10 (Fla.1999); State Farm Fire & Cas. Co. v. Palma,
629 So.2d 830, 833 (Fla.1993). Hubbel,
758 So.2d at 104 (Lewis, J., concurring in part and dissenting in part). We conclude that section
627.428 does apply to sureties that issue motor vehicle dealer bonds under section
320.27(10)....
CopyPublished | Florida 4th District Court of Appeal | 2000 WL 1022362
...In this action to recover on a motor vehicle dealer's license bond, Dealers Acceptance Corporation appeals from a summary judgment entered in favor of United Pacific Insurance Company. We affirm the trial court's ruling that the retail installment sales finance company is not covered by the surety bond issued pursuant to section 320.27(1)(b), Florida Statutes....
...dealers required under Chapter 320, Florida Statutes. In April 1995 Union Pacific issued a surety bond in the amount of $25,000 on behalf of motor vehicle dealer Englewood Quality Motors, Inc. d/b/a Easy Ed's Kar Korner ("Easy Ed's"). As required by section 320.27, Florida Statutes, the bond was to run "in favor of any person in a retail or wholesale transaction who shall suffer any loss as a *529 result of any violation of the[se] conditions." Dealers Acceptance Corporation, a retail installmen...
...he plain language of the statute, which is tracked in the surety bond issued by United Pacific. The statute, which requires a motor vehicle dealer to post a surety bond or irrevocable letter of credit before conducting business in Florida, states in section 320.27(10)(b) that the bond: [S]hall be conditioned that the motor vehicle dealer shall comply with the conditions of any written contract made by such dealer in connection with the sale or exchange of any motor vehicle and shall not violate...
...s; therefore, it is a "person" in a "retail transaction" that suffered a loss. According to Dealers Acceptance, its loss resulted from Easy Ed's failure to deliver the title certificates to the three vehicles, contrary to sections
319.21,
319.23 and
320.27(7), Florida Statutes, which was partially responsible for the purchasers' default....
...dealer. See United Pacific Ins. Co. v. Berryhill,
620 So.2d 1077 (Fla. 5th DCA 1993) (citing Interstate Sec. Co. v. Hamrick's Auto Sales, Inc.,
238 So.2d 482 (Fla. 1st DCA 1970) and Smith v. Auto Owners Ins. Co.,
462 So.2d 599 (Fla. 5th DCA 1985)). Section
320.27(10) provides that the bond shall be "in favor of any person in a retail or wholesale transaction who shall suffer any loss as a result of any violation of the conditions ..." described in the statute....
...The plaintiff, as a financier of installment contracts, is not a consumer of automobiles in either the retail or wholesale market; nor is it involved in a "retail or wholesale transaction." Recently, in Automotive Fin. Corp. v. RWO,
734 So.2d 1104 (Fla. 2d DCA 1999), the second district traced the history of amendments to section
320.27(10) and concluded that a floor plan financier for a motor vehicle dealer had no standing to sue on the dealer's surety bond....
...Automotive made a claim on the surety bond. Washington Insurance Company denied it. The trial court dismissed Automotive's complaint against Washington Insurance Company, finding that a floor plan financier was not an intended beneficiary of a surety bond issued under section 320.27(10)....
...We find RWO indistinguishable from this case, which differs only in that the bond claimant here is a retail financier of vehicles, whereas Automotive was a wholesale floor plan financier. Dealers Acceptance relies on Hamrick's Auto Sales for its position that the bond issued pursuant to section
320.27(10) should be broadly construed to run in favor of "any person."
238 So.2d 482....
CopyPublished | Florida 5th District Court of Appeal | 2006 WL 191933
...r Florida statutes that specifically allow the denial of a license to those convicted of a felony. For example, Florida statutes specifically allow the denial of a license as a motor vehicle dealer if an applicant has been convicted of a felony. See § 320.27(9)(a)(2), Fla....
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
QUESTIONS: 1. Is s. 320.27 , F.S., unconstitutional as applied to an automobile brokerage service? 2. Is an automobile brokerage service a "motor vehicle dealer" as defined in s. 320.27 , F.S.? SUMMARY: Statutes are presumptively valid and no opinion can be expressed on the constitutionality of a duly enacted statute absent a case or controversy arising in an adversary proceeding. An automobile brokerage service is a motor vehicle dealer as defined in s. 320.27 , F.S., for which a license is required in order to operate. AS TO QUESTION 1: Regarding your inquiry on the constitutionality of s. 320.27 , F.S., I must beg your indulgence and decline to give an opinion on this matter....
...eral welfare of the public . . . . See generally 57 A.L.R.2d 1268 . The Florida Supreme Court has held that the Legislature may classify automobile dealers and pass laws regulating them as a class. Moore v. Thompson,
126 So.2d 543 , 549 (Fla. 1960). Section
320.27 , F.S., regulates the sale of motor vehicles by providing in subsection (2) that: "No person shall engage in business as, serve in the capacity of or act as a motor vehicle dealer in this state without first obtaining a license therefor as provided in this section." (Emphasis supplied.) The regulated class of persons to which this prohibition applies is described in s.
320.27 (1)(d), F.S., wherein "motor vehicle dealer" is defined to mean: ....
...The terms "selling" and "sale" include leasepurchase transactions. (Emphasis supplied.) Although the term motor vehicle dealer found in s.
320.60 (12)(a), F.S., has been judicially construed, its terms and their context are different from those found in s.
320.27 (1)(d), supra, which have not been judicially construed....
...re to express its intent. [Florida State Racing Commission v. McLaughlin,
102 So.2d 574 , 575 , 576 (Fla. 1958).] In my opinion the automobile brokerage service to which your question refers does fall within the definition of motor vehicle dealer in s.
320.27 (1)(d), supra, since such broker does "deal" in motor vehicles or "offer" them for sale....
...My opinion in this regard is supported by the general rule of statutory construction which holds that the mention of one thing implies the exclusion of another; expressio unius est exclusio alterius. [See] 30 Fla. Jur. Statutes s. 90 (1974 Edition). The definition of motor vehicle dealer found in s. 320.27 (1)(d), F.S., contains an exhaustive list of persons who are specifically excluded from the definition....
...me that the Legislature, in drafting specific exemptions, intended to exempt from coverage only those persons actually listed. In expressing my opinion that automobile brokerage services are covered by the definition of motor vehicle dealer found in s. 320.27 (1)(d), supra, and therefore may not operate without a license as provided in s. 320.27 (2), F.S., I make no determination at this time whether such brokerage service will be able to successfully apply for such license. The Department of Highway Safety and Motor Vehicles is given responsibility in s. 320.27 (3), F.S., to accept and review applications for licenses subject to rules and regulations which it prescribes....
...hours to inspection by the department or any of its inspectors or other employees. The applicant shall certify that the business of a motor vehicle dealer is the principal business which shall be conducted at the said location. (Emphasis supplied.) [Section 320.27 (3), F.S.] Question 2 is therefore answered in the affirmative.
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 20820
COWART, Judge. Since the general public commonly sells used vehicles to, as well as buys vehicles from, used car dealers, and such used car dealers are motor vehicle dealers required by section 320.27(10), Florida Statutes (1979), to post surety bonds to protect “any retail customer,” we hold that it was the legislative intent that the word “customer” include those, other than manufacturers, who sell to, as well as those who buy from or trade with, motor vehicle dealers....
CopyPublished | Florida 3rd District Court of Appeal | 2005 WL 419518
...e or displayed in any manner to the public for sale. It is also undisputed that InterAmerican was not a licensed dealer, as it never held a dealer's license. It has always held itself out exclusively as a short-term rental car company. Additionally, section 320.27(1)(c), Florida Statutes (2002), exempts certain vehicle sales from its definition of "dealer" sales: The term "motor vehicle dealer" does not include persons not engaged in the purchase or sale of motor vehicles as a business who are disposing of vehicles acquired for their own use or for use in their business.... § 320.27(1)(c)(5), Fla. Stat. (2002). As InterAmerican is merely "disposing" of the vehicles it acquired for its use in its car rental business, InterAmerican's conduct clearly falls within the exception articulated in section 320.27(1)(c)(5), Florida Statutes (2002)....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 1389, 2005 WL 320663
...n both the grand theft and the odometer fraud counts. In a pretrial notice of its intent to use Williams rule evidence, the State alleged that Batten had engaged in business as a motor vehicle dealer without first obtaining a license, a violation of section 320.27(2), (8) Florida Statutes (1999)....
...Williams v. State,
110 So.2d 654 (Fla.1959). . Referring to information published in the Kelley Blue Book, Marston testified at Batten's trial that the additional 100,000 miles reduced the retail value of the car from $8320 to $6695, a difference of $1625. . Section
320.27(l)(c), Florida Statutes (1999), provides, in pertinent part: “Motor vehicle dealer” means any person engaged in the business of buying, selling, or dealing in motor vehicles or offering or displaying motor vehicles for sale at whol...
CopyAgo (Fla. Att'y Gen. 1981).
Published | Florida Attorney General Reports
by the applicant-dealer. AS TO QUESTION 1: Section
320.27(2), F.S. (1980 Supp.), states that no person
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5884
motor vehicle dealers under the provisions of Section
320.27(10), we think it appropriate to set out the
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19161
...Insofar as the present complaint sought recovery on the federal judgment with regard to the failure to disclose under the federal Consumer Credit Protection Act, the trial .judge correctly determined, as a matter of law, that such failure in and of itself was not sufficient to show a violation of Section 320.27, Florida Statutes (1975)....
...led order which enters a final judgment and we direct the trial court to enter an order granting the plaintiff a reasonable time to amend his complaint in accordance with the views expressed herein. Affirmed in part, reversed in part and remanded. . § 320.27(9)(e), Fla.Stat....
