Florida/Georgia Personal Injury & Workers Compensation

...or purpose, either directly or indirectly, of selling or disposing of real or personal property, services of any nature whatever, professional or otherwise, or to induce the public to enter into any obligation relating to such property or services. § 817.40(5), Fla....

...g from the buyers order, that is, dispose of the trade-in vehicle, without the Plaintiffs first obtaining financing. But it is not enough to allege a misleading or untrue statement made to the general public or a portion of the general public. Under section 817.40(5), the Plaintiffs must also allege the misleading or untrue statement was made with "the intent or purpose, either directly or indirectly, of selling or disposing of real or personal property, services of any nature whatever ......

...he purpose of inducing the Plaintiffs to give possession of their trade-in vehicle to them. That King Motor might have intended to sell the trade-in vehicle to a third party is unavailing because the "selling" or "disposing" of property mentioned in section 817.40(5) must be related to the misleading statement made to the Plaintiffs. For this reason, given the basic facts of this case, it does not appear that the Plaintiffs could ever state a claim for misleading advertising under sections 817.40(5) and 817.41(1)....

...Moreover, the Plaintiffs "readily concede" that the buyers order is not "advertising" as the term is generally used. They attempt to argue that the buyers order is "advertising" as defined by statute, but the only definition they cite is the definition of "misleading advertising" under section 817.40(5). The definition of "misleading advertising" under section 817.40(5) has no application to the term "false advertising" used in section 817.44. Compare § 817.40 with § 817.44....

...or indirectly, of selling or disposing of real or personal property, services of any nature whatever, professional or otherwise, or to induce the public to enter into any obligation relating to such property or services. Id. § 817.40(5). 20 Registration with the Copyright Office is permissive; it is not required before adding the © symbol on a work that qualifies for copyright protection....

...d her injury. This is sufficient to state a claim under Florida law for both fraudulent misrepresentation and negligent misrepresentation. Next, Mr. Godelia’s fraudulent marketing and promotion claim is based on Florida Statutes Sections 817.40(5) and 817.41(1)....

...A “misleading advertisement” is defined as statements made with the purpose of selling property or services “which are known, or through the exercise of reasonable care or investigation could or might have been ascertained, to be untrue or misleading.” Fla. Stat. § 817.40(5)....

...The court's order on pretrial conference required plaintiff to furnish to the court, prior to trial, citations to the appropriate sections of the statutes pursuant to which the suit was brought. In responding, plaintiff cited not only to Chapter 498, Florida Statutes, which had been specifically pleaded, but also to Sections 817.40 and 817.41, [2] Florida Statutes, which had not been pleaded....

...Plaintiffs' remaining points are without merit and do not require discussion. REVERSED AND REMANDED. BERANEK, J., and GREEN, OLIVER L., Associate Judge, concur. NOTES [1] Amended at trial to "a spacious hunting lodge to look like the artist's conception in the Sales Brochure." [2] The relevant portions are Section 817.40(5) and Sections 817.41(1) and (6) as follows: Section 817.40(5) — The phrase "misleading advertising" includes any statements made, or disseminated, in oral, written or printed form or otherwise, to or before the public, or any portion thereof, which are known, or through the exercise or reason...

...* * * * * * "(6) Any person prevailing in a civil action for violation of this section shall be awarded costs, including reasonable attorney's fees, and may be awarded punitive damages in addition to actual damages proven. This provision is in addition to any other remedies prescribed by law." Section 817.40(5), Florida Statutes (1991), defines "misleading advertising" as follows: "(5) The phrase `misleading advertising' includes any statements made, or disseminated, in oral, written or printed form or otherwise, to or before the public, o...

...[2] Although the Agreement has a July 12, 2005 effective date, it was not signed until November 8, 2006. [3] Liscum adopted the Motion to Dismiss of SignatureLink and filed his own Motion as to Third Party's failure to state a claim against him individually. [4] Section 817.40(5), Fla....

...certainable standard of guilt, the information against him violates constitutional guaranties. Florida Statute § 817.41, F.S.A., prohibiting misleading advertising, originated as § 2 of Chapter 59-301, Acts of 1959. Section 1 of that Act, now F.S. § 817.40, F.S.A., provides in pertinent part as follows: "False, misleading and deceptive advertising and sales; definitions....

...ing of real or personal property, services of any nature whatever, professional or otherwise, or to induce the public to enter into any obligation relating to such property or services." Appellant contends that he cannot be found guilty of violating § 817.40 (the definition section) under an information charging a violation of § 817.41 (the prohibition and penalty section)....

...However, as we have indicated, the two sections were enacted as parts of the same act and are plainly intended to be read together. Ervin v. Capital Weekly Post, 97 So.2d 464 (Fla. 1957); Vocelle v. Knight Bros. Paper Co., 118 So.2d 664 (Fla.App. 1st 1960). Florida Statute § 817.40, F.S.A....

...party is entitled to judgment as a matter of law. Fla. R. Civ. P. 1.510(c). In our view summary judgment should not have been granted in the present case, and the count concerning misleading advertising should have been allowed to proceed to trial. Section 817.40(5), Florida Statutes (1999), describes misleading advertising in the following terms: The phrase "misleading advertising" includes any statements made, or disseminated, in oral, written, or printed form or otherwise, to or before the p...

...This suggests that section 817.234 has more to do with fraud than insurance per se. There is no indication that the legislature intended the insurance fraud statute and the nonjoinder statute to be read together. Compare Major v. State, 180 So.2d 335 (Fla. 1965) (one statute (section 817.40) defined *1191 certain terms and the other statute (section 817.41) prohibited certain activities and proscribed punishment)....

...or indirectly, of selling or disposing of real or personal property, services of any nature whatever, professional or otherwise, or to induce the public to enter into any obligation relating to such property or services. Id. § 817.40(5). 20 Registration with the Copyright Office is permissive; it is not required before adding the © symbol on a work that qualifies for copyright protection....