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FL 4th DCA Rules AG Can’t Investigate Foreclosure Firm Under FDUTPA

FL 4th DCA Rules AG Can’t Investigate Foreclosure Firm Under FDUTPA


DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
January Term 2011
STATE OF FLORIDA,
OFFICE OF THE ATTORNEY GENERAL,
Appellant,
v.
SHAPIRO & FISHMAN, LLP,
Appellee.
No. 4D10-4526
[April 27, 2011]

Excerpt:

At oral argument, the Attorney General conceded it had decided to proceed exclusively under this one particular statutory provision. It could have proceeded under another statutory provision, such as a criminal investigative subpoena if other relevant criteria were satisfied, which would not require the subpoena to qualify as connected to “trade or commerce” under FDUTPA. This was exclusively the choice of the state.

[ipaper docId=54108488 access_key=key-1gytr5bp80e9o2n0nxfa height=600 width=600 /]

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