BIO-MED PLUS, INC., APPELLANT,
v.
HEALTH COALITION, INC., APPELLEE
BIO-MED PLUS, INC., APPELLANT,
HEALTH COALITION, INC., APPELLEE
793 So. 2d 1092
Florida District Court of Appeal, Third District (2001)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
This is an appeal from an order denying injunctive relief under Florida’s Deceptive and Unfair Trade Practices Act, sections 501.201-501.213, Florida Statutes (1999). Because the appellant is a competitor, rather than a consumer of the appellee, we affirm. See N.G.L. Travel Associates v. Celebrity Cruises, Inc., 764 So. 2d 672 (Fla. 3d DCA 2000).
We decline to consider as a basis for reversal the difficult issue of whether the appellee’s alleged conduct violated a common law duty because, although it was referred to at the oral argument, the issue was not presented in the appellant’s brief or otherwise properly preserved for review. See Lynch v. Tennyson, 443 So. 2d 1017 (Fla. 5th DCA 1983), and cases cited therein.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
OFF Lease Only, Inc. v. LeJEUNE Auto Wholesale, Inc., 187 So. 3d 868 (Fla. 3d DCA 2016)…ary judgment, and also filed a motion for leave to aménd its complaint. At the hearing , on Car Factory’s summary judgment motion, Car Factory contended, and the trial court agreed, that our decision in Bio-Med Plus, Inc. v. Health Coalition, Inc., 793 So. 2d 1092 (Fla. 3d DCA 2001) was dispositive of the issue and required entry of summary judgment because Off Lease was not a “consumer” and therefore could not maintain an action for either injunctive relief or damages under FDUTPA.1 The court entered final…
-
Bio-Med Plus, Inc. v. Shikany, 869 So. 2d 12 (Fla. 3d DCA 2004)…or abuse of discretion in the order on appeal denying injunctive relief. See 29 Fla.Jur.2d Injunctions §§ 1, 13 (1998).1 Affirmed. . We express no view on the availability of any other relief. See Bio-Med Plus, Inc. v. Health Coalition, Inc., 793 So. 2d 1092 (Fla. 3d DCA 2001).…
Authorities Cited
- Lynch v. Adel D. Tennyson, 443 So. 2d 1017 (Fla. 5th DCA 1983)
- N.G.L. Travel Assocs. v. Celebrity Cruises, Inc., 764 So. 2d 672 (Fla. 3d DCA 2000)