LINDA VANESSA MALOUF, APPELLANT,

v.

JUAN CARLOS MALOUF, APPELLEE

Citator

Cited By

• Rollins, Inc. v. Butland, 951 So. 2d 860 (Fla. 2d DCA 2006)
  …of nominal damages, speculative losses, or compensation for subjective feelings of disappointment. See In re Croton Auto Dealerships, Inc., 187 B.R. 1009, 1018-19 (Bankr. M.D.Fla.1995); Macias, 694 So. 2d at 90; Maroone Chevrolet, Inc. v. Nordstrom, 587 So. 2d 514, 519 (Fla. 4th DCA 1991). It follows that some members of the putative class have sustained an actual loss for which recovery could be sought under FDUTPA, while many others have not. For this reason, there is no class-wide proof of damages availabl…
• Fort Lauderdale Lincoln Mercury, Inc. v. Corgnati, 715 So. 2d 311 (Fla. 4th DCA 1998)
  …es should be interpreted, and actual damages measured, in a similar manner. Id. at 585 (quoting Raye v. Fred Oakley Motors, Inc., 646 S.W. 2d 288, 290 (Tex.App.1983)); accord Urling, 468 So. 2d at 454; see also Maroone Chevrolet, Inc. v. Nordstrom, 587 So. 2d 514 (Fla. 4th DCA 1991)(an actual loss must be shown prior to recovery under Chapter 5Ó1 and entitlement to nominal damages is not enough). In this, case, Lauderdale argues that the trial court was not provided with evidence as to the “difference in th…
• Turner Greenberg Assocs., Inc. v. Pathman, 885 So. 2d 1004 (Fla. 4th DCA 2004)
  …irements in the context of the instant case. Numerosity The demonstration of actual loss is a predicate to recovery under FDUTPA. See § 501.211(2); Fla. Stat. (2003) (authorizing recovery of “actual damages”); Maroone Chevrolet, Inc. v. Nordstrom, 587 So. 2d 514, 518-19 (Fla. 4th DCA 1991). Thus, in order for a TGA customer to be a member of the class, he or she must have been damaged. TGA contends that a customer was damaged and, thus a potential class member, only if he or she establishes “that the freigh…

Authorities Cited

• Wolfson v. Wolfson, 455 So. 2d 577 (Fla. 4th DCA 1984)