GONGORA v. E-LYNXX CORPORATION

District Court of Appeal of Florida

GONGORA v. E-LYNXX CORPORATION

49 So. 3d 778, 2010 Fla. App. LEXIS 15017, 2010 WL 3893966

CourtDistrict Court of Appeal of Florida

DecidedOctober 6, 2010

Docket3D09-2396

StatusPublished

This text of 49 So. 3d 778 (GONGORA v. E-LYNXX CORPORATION) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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GONGORA v. E-LYNXX CORPORATION, 49 So. 3d 778, 2010 Fla. App. LEXIS 15017, 2010 WL 3893966 (Fla. Ct. App. 2010).

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Opinion

PER CURIAM.

Affirmed. See Humane Soc’y of Broward County, Inc. v. Fla. Humane Soc’y, 951 So.2d 966, 971 (Fla. 4th DCA 2007) (“To apply Christiansburg [Garment Co. v. Equal Employment Opportunity Commission, 484 U.S. 412, 98 S.Ct. 694, 54 L.Ed.2d 648 (1978) ] to section 501.2105(1), [as appellants urge], would be to rewrite the statute. For this court to so change legislation would be an extra-judicial act which usurps legislative authority. Adoption of the Christiansburg standard in this case would steal from the trial court the very discretion that the legislature has allowed in determining FDUTPA fee awards.”).

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PER CURIAM.

Affirmed. See Humane Soc’y of Broward County, Inc. v. Fla. Humane Soc’y, 951 So.2d 966, 971 (Fla. 4th DCA 2007) (“To apply Christiansburg [Garment Co. v. Equal Employment Opportunity Commission, 484 U.S. 412, 98 S.Ct. 694, 54 L.Ed.2d 648 (1978) ] to section 501.2105(1), [as appellants urge], would be to rewrite the statute. For this court to so change legislation would be an extra-judicial act which usurps legislative authority. Adoption of the Christiansburg standard in this case would steal from the trial court the very discretion that the legislature has allowed in determining FDUTPA fee awards.”).

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49 So. 3d 778, 2010 Fla. App. LEXIS 15017, 2010 WL 3893966, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gongora-v-e-lynxx-corporation-fladistctapp-2010.

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