Dwayne S. Dundore v. Jackie E. Hall, JJL Equipment Holdings, LLC, Khrysos Global, Inc., and Phantom Industries, Inc.
The Fifth District reversed summary judgment entered against an individual defendant on a FDUTPA claim, holding that his counter-affidavit refuting the movant's affidavit created a genuine dispute of material fact as to whether he personally committed a deceptive act or unfair practice. Applying the post-2021 federal summary judgment standard, the court reiterated that credibility determinations and the weighing of evidence are jury functions and that summary judgment 'by no means authorizes trial on affidavits.' Only count V was reversed; the judgments against the corporate defendants were unappealed and stand.
Key facts
- James Everett, Jackie Hall, and JJL Equipment Holdings sued Khrysos Global, Phantom Industries, and Dwayne Dundore individually, alleging representations that a marijuana-extraction machine known as the 'Green Machine' would be sold and supported.
- The plaintiffs paid $385,000 to Khrysos and Phantom but received neither the machine nor the promised equipment, and the funds were never returned.
- +2 more key facts with a free trial
Holdings
- Where the movant's summary judgment showing on a FDUTPA claim rests materially on an affidavit and the non-movant files a counter-affidavit directly refuting it, a genuine dispute of…
- +1 more holding with a free trial
Why it matters
The opinion is a useful check on the reach of individual FDUTPA liability for corporate officers. Plaintiffs frequently name principals personally on a 'direct participant' theory, but this decision confirms that where… — full analysis with a trial
Read the full opinion, holdings & search — free for 30 days
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision — in your hands.
- Search every tracked Florida decision in seconds
- Save, tag & file the cases that matter into your own library
- Read the full plain-English analysis and holdings
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.