GONGORA v. e-LYNXX CORPORATION, 49 So.3d 778 (2010)
Court: Court of Appeals of Florida
Number: inflco20101006233
Visitors: 1
Filed: Dec. 17, 2010
Latest Update: Dec. 17, 2010
Summary: 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, 434 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
Summary: 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, 434 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 t..
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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, 434 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.").
Source: Leagle
