STEVEN J. PINCUS AND
v.
CUMBERLAND FARMS, INC.,

Fla. 4th DCA | 2022-12-07
No. 2022-0222
343 So. 3d 106 Florida District Court of Appeal, Fourth District (2022) Positive Treatment
Cited by 5 cases

Opinion of the Court

PER CURIAM.

Affirmed. See Southam v. Red Wing Shoe Co., 343 So. 3d 106 (Fla. 4th DCA 2022), rev. denied, SC22-1052, 2022 WL 16848677 (Fla. Nov. 10, 2022).

WARNER, CIKLIN and ARTAU, JJ., concur.


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  • Pincus v. Cumberland Farms, Inc., 343 So. 3d 106 (Fla. 4th DCA 2022)
    …PER CURIAM. Affirmed. See Southam v. Red Wing Shoe Co., 343 So. 3d 106 (Fla. 4th DCA 2022), rev. denied, SC22-1052, 2022 WL 16848677 (Fla. Nov. 10, 2022). WARNER, CIKLIN and ARTAU, JJ., concur.…
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  • …rt thus entered an order granting the motion to dismiss and entered judgment in favor of Miami Gardens and RCI. This appeal followed. LEGAL ANALYSIS We affirm in all respects based on the standing analysis in Southam v. Red Wing Shoe Co., Inc., 343 So. 3d 106, 113 (Fla. 4th DCA 2022), review denied, SC22-1052, 2022 WL 16848677 (Fla. Nov. 10, 2022) (finding the appellant lacked standing to pursue his federal FACTA claim as he did not demonstrate an injury in fact “since appellant kept the credit card r…
  • …ry in fact.” Citizens for Responsible Dev., Inc. v. City of Dania Beach, 358 So. 3d 1, 5 (Fla. 4th DCA 2023) (citation omitted). A “mere statutory violation” does not show “a concrete injury sufficient for standing.” Southam v. Red Wing Shoe Co., 343 So. 3d 106, 108, 111 (Fla. 4th DCA 2022). “[A] purely illegal action in the absence of resulting harm does not confer standing on an individual. Rather, individuals must allege some threatened or actual injury resulting from the putatively illegal action.”…

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