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.
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