CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 6624, 2004 WL 1057794
...e. Smith then purchased a used Mazda from one of City Mazda’s competitors. Thereafter, Smith was summarily terminated by City Mazda because she purchased a vehicle from another dealership. Smith alleged that City Mazda violated FDUTPA by violating section 448.03, Florida Statutes, which prohibits an employer from discharging an employee for trading or dealing with any particular merchant, or for not trading or dealing with any particular merchant....
...A violation of FDUTPA may be based upon “[a]ny law, statute, rule, regulation, or ordinance which proscribes unfair methods of competition, or unfair, deceptive, or unconscionable acts or practices.” §
501.203(3)(c). Smith alleges that City Mazda violated section
448.03, which proscribes an unfair method of competition or an unfair or unconscionable act or practice. Section
448.03 provides in part that: Any person or persons, firm, joint stock company, association or corporation ......
CopyPublished | Florida 5th District Court of Appeal | 1996 WL 612783
...il cause of action, and therefore, none exists. We affirm. Aujla fired Temple from her employment at his medical office after Temple informed Aujla that she had taken her sick daughter to another doctor for treatment. Temple brought suit pursuant to section 448.03, Florida Statutes (1995) alleging retaliatory termination. [1] The trial court entered summary final judgment in favor of Aujla. On appeal, Temple asserts that the trial court should not have entered summary judgment even though section 448.03 does not expressly provide a civil cause of action for retaliatory termination....
...Smith is materially distinguishable from the present case because the legislature failed to create any remedy whatsoever for a violation of section
440.205. In contrast, the legislature did afford a remedy, albeit a criminal one, for one found to have violated section
448.03....
...nal representative). Courts must do justice, especially when the legislature fails to do justice. Here is such a case. Appellant was fired by her employer for using a competitor's services. That firing was violative of a criminal statute which says: 448.03 Threat of discharge to compel employee to trade with any particular firm or person; penalty.Any person or persons, firm, joint stock company, association or corporation organized, chartered or incorporated by and under the laws of this state...
...f her right of freedom of contract. In my opinion the complaint states a cause of action for a civil wrong, wrongful termination, and appellant should be allowed to proceed to establish liability and damages. I would sustain the complaint. NOTES [1] Section 448.03 states: Any person ......
...icular merchant or person or class of persons in any business or calling, under penalty of being discharged from the service of such person ... shall be guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s.
775.083. §
448.03, Fla. Stat. (1995). [2] We note that, in enacting section
448.103, Florida Statutes (1995), the legislature expressly provided for a civil remedy. It enacted no similar provision in section
448.03.
