CopyCited 28 times | Published | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 12752, 1991 WL 273700
...rs; NOW, THEREFORE, in consideration of the mutual benefits to be derived, each from the other, the parties hereto agree as follows: Maniaci shall pay to Casa Mia five (5%) percent of gross sales; as hereinafter defined, realized from the store. [4] § 559.80, et seq., Fla....
CopyCited 17 times | Published | District Court, S.D. Florida | 1990 U.S. Dist. LEXIS 18129, 1990 WL 264487
...The Complaint Plaintiffs complaint is in five counts. Count One alleges Fraud in the Inducement; Count Two alleges fraud generally; Count Three states that the defendants have violated Florida's Fraudulent Practices Act, Fla.Stat. §
817.02 et seq., and Florida's Business Opportunity Act, Fla.Stat. §
559.80 et seq.; Count Four alleges breach of contract....
...intiffs, therefore allege that the defendants "misrepresent(ed) the potential for (plaintiffs') expandability and growth(,)" violating Florida Statute Chapter 559. Complaint, ¶ 68(b). The Florida Sale of Business Opportunities Act, Florida Statutes § 559.80, et seq., prohibits certain acts surrounding sales or leases of "business opportunities". Section 559.801(1) states, in pertinent part that a "`[b]usiness opportunity' means the sale of any products, equipment, supplies, or services which are sold to a purchaser to enable the purchaser to start a business...." Further, the statute states...
...ity' does not include the sale of ongoing businesses when the owner of those businesses sells and intends to sell only those business opportunities so long as those business opportunities to be sold are no more than five in number...." Fla.Stat.Ann. § 559.801(1) (West 1988)....
...The defendants correctly argue that this statute simply does not apply to the instant matter. The franchise purchases made by Scott Schubot were existing, ongoing businesses owned by Richard Schubot. The owner of the business sold was not the defendants, but rather the plaintiff's father, Richard Schubot. Section 559.801(1), et seq....
CopyCited 15 times | Published | District Court, S.D. Florida | 2013 WL 5005730, 2013 U.S. Dist. LEXIS 130538
...rida law. More specifically, Count VI asserts that all Defendants violated Florida’s Franchise Act, Section
817.416, Fla. Stat. Id. ¶¶ 156-163. Count VII avers that all Defendants violated Florida’s Sale of Business Opportunities Act, Sections
559.80-559.815, Fla....
...nd is, therefore, dismissed with respect to them. 2. Florida Sale of Business Opportunities Act Plaintiffs’ Complaint contends in Count VII that Defendants violated various provisions of Florida’s Sale of Business Opportunities Act (“SBOA”), Section 559.80, et seq., and that Plaintiffs were injured as a result....
...The Diamond Defendants contend, however, that Plaintiffs were not required to become "Premier Dealers” but, instead, could have become "Authorized Dealers” for only $299. D.E. 35 at 14. However, SBOA applies to the sale of any business opportunity that requires an initial payment of more than $500. Fla. Stat. § 559.801 (1)(a)....
CopyCited 2 times | Published | District Court, M.D. Florida
...Plaintiffs assert seven causes of action against each Defendant (doc. 1): fraudulent inducement (count one); violation of the Florida Franchise Act, Fla. Stat. §
817.416 (count two); violation of the Florida Sale of Business Opportunities Act, Fla. Stat. §
559.80 , et seq....
...aryland to this dispute is against Florida's public policy. Defendants are granted summary judgment as to Plaintiffs' count two. In count three, Plaintiffs also allege that Defendants violated Florida's Sale of Business Opportunities Act, Fla. Stat. § 559.80 , et seq....
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 3984, 2000 WL 347110
STONE, J. We affirm a final judgment, notwithstanding Colorall Technologies, Inc.’s (Defendant) non-compliance with the Florida Sale of Business Opportunities Act, Fla. Stat., § 559.80, et....
...tunities Act by failing to provide Plaintiff with certain disclosure documents. Following a final hearing, the trial court, pointing to paragraph eleven in the license agreement, concluded that Plaintiff waived any right to disclosure under sections
559.80 —
559.815 of the Act....
...e of this provision,” and section *771
718.503(l)(a), Florida Statutes, includes the statement, “Any purported waiver of these voidability rights shall be of no effect.” There is no similar provision prohibiting the use of a waiver in sections
559.80 —
559.815, Florida Statutes....
