Big Gates Records, LLC, and Algernod Lanier Washington a/k/a Plies v. Bryan Stewart
The Second District reversed a contract and FDUTPA judgment, holding that Stewart lacked standing because an LLC is a separate legal entity from its individual members and Stewart was neither a party to nor an intended third-party beneficiary of the Performance Agreement. The court further held that a substantial-performance instruction was improper as to a commercial payment obligation and that FDUTPA relief was unavailable to a non-Florida resident whose injury occurred out of state, and was duplicative of contract damages.
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