Weaver Investment Co. v. Pressly Development Associates

STEELMAN, Judge.

Where alleged misconduct of certain defendants occurred within a partnership or joint enterprise, it was not “in or affecting commerce” for the purposes of an unfair and deceptive trade practices action. The trial court erred in trebling damages and awarding attorney’s fees as to those parties pursuant to the unfair and deceptive trade practices statute. The trial court had the authority to appoint an accountant to perform a forensic accounting of the entities and to assess the fees for the expert. Where defendants sought to introduce evidence that was outside of the scope of…