SEBASTIAN AVERY CLEVELAND, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Gann v. BAC Home Loans Servicing LP, 145 So. 3d 906 (Fla. 2d DCA 2014)
  …that the only issue at the hearing was whether debt collection activity had occurred. Moreover, Florida courts have recognized that the FCCPA applies not only to debt collectors but also to any “person.” See Schauer v. Gen. Motors Acceptance Corp., 819 So. 2d 809, 812 (Fla. 4th DCA 2002); see also § 559.72 (providing that “[i]n collecting consumer debts, no person shall ... ”). This provision “includes all allegedly unlawful attempts at collecting consumer claims.” Schauer, 819 So. 2d at 812. Thus, the Fourt…
• Schauer v. Morse Operations, Inc., 5 So. 3d 2 (Fla. 4th DCA 2009)
  …him that the document would not obligate him on the loan. In addition, the plaintiff alleged that Morse charged him premiums for insurance it never obtained. We previously addressed some of these issues in Schauer v. General Motors Acceptance Corp., 819 So. 2d 809 (Fla. 4th DCA 2002), in which we reversed an order dismissing plaintiffs complaint for failure to state a cause of action. In the pi'ior appeal we held that the complaint stated causes of action against Morse for fraud, as well as under the Florida…
• State v. Beach BLVD Auto., Inc., 139 So. 3d 380 (Fla. 1st DCA 2014)
  …ed as legal ground for the objection, exception, or motion below). Within Count 5, Appellant also asserted a FDUTPA claim based upon Appellees’ allegedly unfair and deceptive debt collection practices. In Schauer v. General Motors Acceptance Corp., 819 So. 2d 809, 811 [*392] (Fla. 4th DCA 2002), the appellant appealed the dismissal of his complaint wherein he alleged FDUTPA and FCCPA claims against the appellees. The case arose from the sale of a used car by appellee Ed Morse Chevrolet to the appellant’s ste…

Authorities Cited

• Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
• Robinson v. State, 373 So. 2d 898 (Fla. 1979)
• Leonard v. State, 760 So. 2d 114 (Fla. 2000)