Legal Opinion

Coghlan v. AQUASPORT MARINE CORP.

District Court, S.D. Texas

Decided November 18, 1999No. Civ.A. G-99-355Published

1Opinion of the Court

ORDER DISMISSING PLAINTIFFS’ CLAIMS WITHOUT PREJUDICE

KENT, District Judge.

Plaintiffs, dissatisfied boat owners, brought suit against Defendants, alleging a violation of the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301-2312 (“MMWA”). The MMWA violation was predicated on an alleged breach of the implied warranty of fitness for a particular purpose. Plaintiffs also brought claims of fraud, negligent misrepresentation, unjust enrichment and civil conspiracy under Texas law.

In an Order dated October 8, 1999, the Court sua sponte dismissed Plaintiffs’ claims, without prejudice, on the ground that…

2Cases cited7 opinions

  1. Nordyne v. Florida Mobile Home SupplyDistrict Court of Appeal of Florida · 1993
  2. Casey v. WelchSupreme Court of Florida · 1951
  3. FORT LAUDERDALE LINCOLN v. CorgnatiDistrict Court of Appeal of Florida · 1998
  4. NATL. EDUC. CENTERS, INC. v. KirklandDistrict Court of Appeal of Florida · 1994
  5. Wolfson v. BakerDistrict Court, M.D. Florida · 1978

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