WYNNE vs. FRIEDMANN (2025)

District Court of Appeal of Florida, Third District.

Francoise WYNNE, Appellant, vs. Deborah FRIEDMANN, et al., Appellees.

Nos. 3D23-1343, 3D23-1552

Decided: January 02, 2025

Before LOGUE, C.J., and GORDO and LOBREE, JJ.

Boies Schiller Flexner, LLP, and Marshall Dore Louis, for appellant. Bernhard Law Firm PLLC, and Andrew J. Bernhard, for appellees.

Affirmed. Perret v. Wyndham Vacation Resorts, Inc., 889 F. Supp. 2d 1333, 1342 (S.D. Fla. 2012) (dismissing FDUTPA claim with prejudice where statements made by defendant, such as, the purchase price for the timeshare unit was reasonable, the units were worth more than what was being charged, and units were desirable, were “nothing more than opinion or puffery”); Fineman v. Ferragamo USA Inc., 672 F. Supp. 3d 1302, 1311-13 (S.D. Fla. 2023) (holding that in a FDUTPA claim, “puffery” is not actionable); § 501.211(2), Fla. Stat. (2024) (“[D]amages, fees, or costs are not recoverable under this section against a retailer who has, in good faith, engaged in the dissemination of claims of a manufacturer or wholesaler without actual knowledge that it violated this part.”).

PER CURIAM.

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