November 9, 2017

Branning & Powell successfully defend resort from “Florida Deceptive and Unfair Trade Practices Act” claims

Clark Partington’s resort-owner client recently breathed a sigh of relief after the firm secured a big win in a potential class action lawsuit asserting a seven-figure damages claim.  The plaintiff was a guest at the resort who claimed the resort charged her certain fees that were not disclosed during the reservation process.  Clark Partington shareholders, Jeremy Branning and Robert Powell, were engaged to defend the lawsuit that the plaintiff sought to certify as a class action—seeking disgorgement of not only the fees that the plaintiff paid, but also those paid by every guest that stayed at the resort during the four-year period before filing suit.  Through the diligent efforts of Branning and Powell, the resort filed a summary judgment motion before the plaintiff was even able to certify a class action contending that the resort properly disclosed all fees incurred in connection with the plaintiff’s stay at the Gulf-front resort that Clark Partington’s client owns.  Powell handled the oral argument at the summary judgment hearing that lasted nearly two hours.  Despite the plaintiff’s claim that the resort had violated Florida’s Unfair Deceptive and Trade Practices Act, and that certain factual issues warranted a trial on the merits, the court agreed that the resort’s conduct was not unfair or deceptive in any way.  Summary judgment was entered in the resort’s favor, and the court never even reached the issue of whether a class action should be certified given its conclusion that the resort’s practices did not violate Florida law.  So compelling was Clark Partington’s summary judgment argument that the plaintiff elected not to take the issue up on appeal, and instead settled the matter to avoid exposure to an award of attorneys’ fees in the resort’s favor.

Whether yours is a straightforward business dispute or complex “bet-the-company” litigation, Clark Partington boasts a sophisticated team of seasoned litigators who are well-equipped to handle your business litigation needs.  Those entrusting their business litigation needs to the firm include Fortune 500 companies to closely-held, locally-owned small businesses.  Contact the firm today if you have a business dispute that needs a cost-effective and swift resolution.


This publication should not be construed as legal advice.  Its applicability is dependent upon specific facts and circumstances and is provided for informational purposes only.  You should not act upon this information without seeking advice from a lawyer licensed in your own state.