Dorestin v. Hollywood Imports, Inc.

I agree with the majority’s conclusion that the judgment in favor of the Dorestins on the FDUTPA claim must be reversed because the claim on which they recovered was never pled as one of the deceptive acts Maroone committed. However, the majority cites to two lines of Florida cases which, in my view, have improperly limited FDUTPA; in the right case, we should recede from those of our cases that have followed such authority and adopt an interpretation of the statute that carries out the legislature’s intent in passing this consumer protection legislation.

I

The Line of Cases Following Rollins,…