SCHAUER v. MORSE OPERATIONS, INC.

Nos. 4D06-4902, 4D07-1354, 4D07-4540.

5 So.3d 2 (2009)

Clayton Eugene SCHAUER, Appellant, v. MORSE OPERATIONS, INC., d/b/a Ed Morse Chevrolet and General Motors Acceptance Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 16, 2009.


Attorney(s) appearing for the Case

Rebecca J. Covey of Rebecca J. Covey, P.A., Fort Lauderdale, and Diane H. Tutt of Diane H. Tutt, P.A., Davie, for appellant.

Mark Atlas of Goldsmith & Atlas, P.A., Miami and Nancy W. Gregoire of Kirschbaum, Birnbaum, Lippman & Gregoire, PLLC, Fort Lauderdale, for appellee Morse Operations, Inc.

Jack R. Reiter, Charles M. Tatelbaum and Jason S. Miller of Adorno & Yoss LLP, Miami, for appellee General Motors Acceptance Corp.

Timothy Carl Blake of Timothy Carl Blake, P.A., Miami, for Amicus Curiae National Association of Consumer Advocates (NACA).


KLEIN, J.

Appellant plaintiff brought this action for fraud and statutory violations against Morse, a Chevrolet dealer, and GMAC, which financed the sale of a car. We reverse the summary judgment against plaintiff on his claim for fraud against Morse, reverse a judgment for damages on one of plaintiff's statutory claims based on harassment by the creditor, GMAC, and address additional claims.

Plaintiff alleged that, when his stepdaughter was unable to obtain...

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