Florida District Courts of Appeal, 2010

GONGORA v. E-LYNXX CORPORATION

GONGORA v. E-LYNXX CORPORATION
Florida District Courts of Appeal · Decided October 6, 2010 · Shepherd, Cortiñas, Lagoa
49 So. 3d 778; 2010 Fla. App. LEXIS 15017; 2010 WL 3893966 (Southern Reporter, Third Series)

GONGORA v. E-LYNXX CORPORATION

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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