ORDER

CHARLENE EDWARDS HONEYWELL, District Judge.

This cause comes before the Court upon the Report and Recommendation filed by United States Magistrate Judge Elizabeth A. Jenkins on July 3, 2012 (Doc. 41). In the Report and Recommendation, Judge Jenkins recommends that the Court grant in part and deny in part Defendant Wendy's International, Inc.'s ("Defendant") Motion for Partial Dismissal of Plaintiff's Complaint, filed on December 9, 2011 (Doc. 17). Neither party has objected to the Report and Recommendation and the time to do so has expired.

The Court is in agreement with the Magistrate that Plaintiff Phelan Holdings, Inc.'s ("Plaintiff") claims for Federal Trademark Infringement (Count I), Federal Trademark Counterfeiting (Count III), Florida Trademark Infringement (Count VIII), and Unjust Enrichment (Count XII) should be dismissed with leave to file an amended complaint. Doc. 41, pp. 4-11. Indeed, the need to amend Counts I, III, and VIII arises because of Plaintiff's incorrect citations. Additionally, Plaintiff's claim of Florida Misappropriation (Count XIII) should be dismissed with prejudice because Florida does not recognize misappropriation as an independent cause of action imposing liability for Defendant's unauthorized use of Plaintiff's trademark. Id., p. 10. Thus, after careful consideration of the Report and Recommendation of the Magistrate Judge, in conjunction with an independent examination of the court file, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all respects.

Accordingly, it is hereby ORDERED and ADJUDGED:

DONE and ORDERED.