Legal Opinion

Smith v. 2001 South Dixie Highway, Inc.

District Court of Appeal of Florida

Decided May 12, 2004No. 4D03-2293PublishedCited by 11 opinions

1Opinion of the Court

ON MOTION FOR REHEARING

STEVENSON, J.

We grant appellee’s motion for rehearing, withdraw our prior opinion filed in this case on March 3, 2004, and affirm the order of the trial court which dismissed appellant’s complaint with prejudice.

Jennifer Smith appeals an order of the trial court dismissing her complaint with prejudice for failure to state a cause of action against City Mazda under Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”). Because a proper cause of action for a violation of FDUTPA was not pled within the four corners of Smith’s complaint, we affirm.

The essential…

2Cases cited5 opinions

  1. Rollins, Inc. v. HellerDistrict Court of Appeal of Florida · 1984
  2. Urling v. Helms Exterminators, Inc.District Court of Appeal of Florida · 1985
  3. Raye v. Fred Oakley Motors, Inc., Texas Court of Appeals, 5th District (Dallas)1983
  4. Orkin Exterminating Company, Inc. v. DelGuidiceDistrict Court of Appeal of Florida · 2001
  5. Sovran Bank, NA v. ParsonsDistrict Court of Appeal of Florida · 1989

3Cited by11 opinions

  1. City First Mortg. Corp. v. BartonDistrict Court of Appeal of Florida · 2008
  2. Christopher Ounjian v. Globoforce, Inc.Court of Appeals for the Eleventh Circuit · 2023
  3. Collins v. DaimlerChrysler Corp.District Court of Appeal of Florida · 2004
  4. Gomez v. FradinDistrict Court of Appeal of Florida · 2010
  5. Rodriguez v. Recovery Performance & Marine, LLCDistrict Court of Appeal of Florida · 2010

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