GARY LEE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (32 total)

• Rollins, Inc. v. Butland, 951 So. 2d 860 (Fla. 2d DCA 2006)
  …is sufficient if the class can establish that a reasonable person would have relied on the representations.” Id. at 703 (quoting Dix v. Am. Bankers Life Assurance Co. of Fla., 429 Mich. 410, 415 N.W. 2d 206, 209 (1987)). In Davis v. Powertel, Inc., 776 So. 2d 971, 973 (Fla. 1st DCA 2000), the First District agreed with Latman, noting that “[a] party asserting a deceptive trade practice claim need not show actual reliance on the representation or omission at issue.” Rather, the party must establish that “the…

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• Liggett Grp. Inc. v. Howard A. Engle, M.D., 853 So. 2d 434 (Fla. 3d DCA 2003)
  …reliance requirement in common-law fraud cases cannot be satisfied by assumptions; class actions seeking relief from separate contracts on the basis of fraud are prohibited, irrespective of the genesis of the fraud); but see Davis v. Powertel, Inc., 776 So. 2d 971 (Fla. 1st DCA 2000) (damage claims brought pursuant to Florida Deceptive and Unfair Trade Practices Act are different from common law fraud claims because plaintiff need not demonstrate individual reliance on relevant representation or omission and,…
• Betzaida Fonte v. AT&T Wireless Servs., Inc., 903 So. 2d 1019 (Fla. 4th DCA 2005)
  …to bring the Agreement in conformity with the remedial purposes of FDUTPA. While FDUTPA’s claims are susceptible to class action suits, see Turner Greenberg Assocs., Inc. v. Pathman, 885 So. 2d 1004 (Fla. 4th DCA 2004), and Davis v. Powertel, Inc., 776 So. 2d 971 (Fla. 1st DCA 2000), in this case the arbitration clause’s bar on class representation does not defeat any of the remedial purposes of FDUTPA. [A] class action is an available, important means of remedying [certain] violations .... However, there e…

Authorities Cited

• State v. A.J. FOX, 659 So. 2d 1324 (Fla. 3d DCA 1995)