CopyCited 34 times | Published | Florida 1st District Court of Appeal | 1996 WL 225715
...The Segura court concluded that to rule otherwise would undermine administration of the Texas Antitrust Act. 907 S.W.2d at 505-06. [8] It is apparent, however, that the Florida DTPA is distinguishable from the Texas DTPA in many important respects. For example, the cumulative remedy provision of Florida's DTPA, section 501.213, Florida Statutes (1993), as well as the cumulative remedy provision of the Florida Antitrust Act, [9] are very different from the cumulative remedy provisions in the similar Texas statutes....
...xing under the Tennessee Consumer Protection Act, T.C.A. §§ 47-18-101 et seq., a statute similar to the Florida DTPA. Blake v. Abbott Laboratories, Inc.,
1996 WL 134947, C.A. No. 03A01-9509-CV-00307 (Tn. App., Mar. 27, 1996). [9] The Florida DTPA, section
501.213, Fla.Stat....
CopyCited 34 times | Published | Florida 2nd District Court of Appeal | 1997 WL 125902
...Courtesy Pontiac GMC-Truck, Inc.'s, motion for judgment on the pleadings on the basis that Florida's economic loss rule barred their causes of action against the appellee founded on common law fraud and the Florida Deceptive and Unfair Trade Practices Act, sections
501.201-
501.213, Florida Statutes (1991) (the FDUTPA)....
...As to the FDUTPA count, we also determine that the economic loss rule has not eliminated this claim. Our reasons for arriving at this conclusion warrant a more extensive analysis. In 1973, the Florida legislature created the FDUTPA. Ch. 73-124, § 1, at 188-195, Laws of Fla. (codified at §§
501.201-
501.213, Fla.Stat....
...le attorney's fees and costs. §
501.2105. Finally, the legislature expressed its clear intent that the remedies afforded by this new legislation were to be "in addition to remedies otherwise available for the same conduct under state or local law." §
501.213(1)....
...Accordingly, we certify to the Florida Supreme Court the following question of great public importance: HAS FLORIDA'S ECONOMIC LOSS RULE ELIMINATED A CONSUMER'S CAUSE OF ACTION FOR ECONOMIC DAMAGES BROUGHT UNDER THE SUBSTANTIVE PROVISIONS OF THE FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT, SECTIONS
501.201-
501.213, FLORIDA STATUTES, WHEN THE CAUSE OF ACTION IS BASED ON A WRITTEN CONSUMER SALES CONTRACT? We, therefore, reverse the trial court's order granting judgment on the pleadings as to counts one and two of the appellants' complaint, remand this ca...
CopyCited 24 times | Published | Supreme Court of Florida | 1999 WL 983857
...In reaching its conclusion, the Fifth District relied on Rubio,
662 So.2d at 956, and Delgado,
693 So.2d at 602. In each case, the district court found the economic loss rule could not be used to defeat a statutory cause of action (section
624.155 and section
501.213, respectively), especially where the Legislature has made it clear that the statutory remedy is available notwithstanding the fact that there may be another cause of action....
...in nature." Southland Constr., Inc. v. Richeson Corp.,
642 So.2d 5, 7 (Fla. 5th DCA 1994). [3] In Doan v. John Hancock Mutual Life Insurance Co.,
727 So.2d 400 (Fla. 3d DCA 1999), the court receded from Rubio,
662 So.2d at 956, on other grounds. [4] Section
501.213(1), Florida Statutes (1991), provides that "[t]he remedies of this part are in addition to remedies otherwise available for the same conduct under state or local law." [5] Section
540.08(6), Florida Statutes (1993), provides: The reme...
CopyCited 4 times | Published | Supreme Court of Florida
...the special act must be stricken. Although one of the purposes of the "Little FTC Act" was to simplify and clarify the law governing consumer sales practices, it was not intended to preempt local consumer protection laws or ordinances. Specifically, section 501.213 of the Little FTC Act provides: (1) The remedies of this part are in addition to remedies otherwise available for the same conduct under state or local law....
CopyCited 4 times | Published | District Court, M.D. Florida | 2013 WL 2039307, 2013 U.S. Dist. LEXIS 69152
...express language of the Guaranty which refers to obligations under “the foregoing” Agreement. . The remedies available under the FDUTPA "are in addition to remedies otherwise available for the same conduct under state or local law.” Fla. Stat. § 501.213 (1)....
CopyCited 3 times | Published | District Court, N.D. Florida | 2010 U.S. Dist. LEXIS 79585, 2010 WL 3119793
...at a practice is unfair if it "offends established public policy, is immoral, unethical, oppressive, unscrupulous, or substantially injurious to consumers." Id. FDUTPA is a separate cause of action intended to be an additional remedy, see Fla. Stat. § 501.213(1), and it is aimed toward making consumers whole for losses caused by fraudulent consumer practices....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1988 WL 93056
...sts from the nonprevailing party. Section
501.203(5) defines "violation of this part" as meaning either a violation of the provision of the Deceptive and Unfair Trade Practices Act or a violation of any rule promulgated pursuant to the Act. Further, section
501.213 states that the remedies of the Act are in addition to those remedies otherwise available for the same conduct under either state or local law....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20025
...abor or materials, with the intent to defraud the Clarkes in violation of Florida Statute 713.34(3); that Connell repeatedly refused to return the Clarkes’ money; that Connell had conducted deceptive trade practices in violation of Florida Statute 501.213 by embezzling the Clarkes’ funds, and the Clarkes were entitled to attorney’s fees as a consequence of the violation of this statute....
