STEPHEN GREGORY STOKES, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Betzaida Fonte v. AT&T Wireless Servs., Inc., 903 So. 2d 1019 (Fla. 4th DCA 2005)
  …a mode of remedy for a wrong, where he had none, or a_ different one, before.” Adams v. Wright, 403 So. 2d 391, 394 (Fla.1981) (citation omitted). FDUTPA is a remedial statute designed to protect consumers. See Beacon Prop. Mgmt., Inc. v. PNR, Inc., 890 So. 2d 274, 279 (Fla. 4th DCA 2004). One of those remedial purposes is to provide for the possibility of an attorney’s fee award. § 501.2105, Fla. Stat. The Florida Deceptive Trade Practices Act depends for enforcement on its “enforcing authority” and the inj…
• Caribbean Cruise Line, Inc. v. Better Bus. Bureau OF Palm Beach Cnty., Inc., 169 So. 3d 164 (Fla. 4th DCA 2015)
  …ss trust; syndicate; fiduciary; corporation; any commercial entity, however denominated; or any other group or combination.”) (emphasis added). Since state court decisions regarding FDUTPA claims are rare, see Beacon Prop. Mgmt., Inc. v. PNR, Inc., 890 So. 2d 274, 278 (Fla. 4th DCA 2004), it is instructive to look at the decisions of the United States District Court analyzing FDUTPA claims. Holdings from the District Courts are outwardly mixed when it comes to whether courts require a plaintiff to be a cons…
• McKENZIE v. Betts, 55 So. 3d 615 (Fla. 4th DCA 2011)
  …conducive to the public good. Adams v. Wright, 403 So. 2d 391, 394 (Fla.1981). Consumer protection statutes such as FDUTPA are remedial in nature and are to be broadly construed to effectuate their purpose. See Beacon Prop. Mgmt., Inc. v. PNR, Inc., 890 So. 2d 274, 279 (Fla. 4th DCA 2004). Having reviewed this framework, we now turn to the specific issue in this case: whether McKenzie’s class action waiver violates public policy because it defeats the remedial provisions of Florida statutes. Fonte Does Not…

Authorities Cited

• Franklin v. State, 887 So. 2d 1063 (Fla. 2004)