Legal Opinion

Sun 'N Lake of Sebring Improvement Dist. v. Ayala

District Court of Appeal of Florida

Decided January 5, 2018No. Case No. 2D17–2440Published

1Opinion of the Court

LUCAS, Judge.

Finding no merit in the arguments raised by Sun 'N Lake of Sebring Improvement District in this appeal, we are bound to affirm. We write, however, to correct an apparent misconception held by the parties and the court below. The Improvement District has posited-and Mr. and Mrs. Ayala and the trial court seem to agree-that the issue of whether sovereign immunity bars a claim arising under the Florida Deceptive and Unfair Trade Practices Act, §§ 501.201-.23, Fla. Stat. (2016), against a state agency or subdivision is a matter of first impression in Florida.1 But that is incorrect.…

2Cases cited2 opinions

  1. Delgado v. JW COURTESY PONT. GMC-TRUCKDistrict Court of Appeal of Florida · 1997
  2. Anna Maria Curcio v. State of Florida Department etc.District Court of Appeal of Florida · 2015

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