Office of the Attorney General, State of Florida, Department of Legal Affairs v. Wellness Program Services, LLC, Christopher Kennedy, Jeffrey Taraday, and Mariano Piompino
The Fourth DCA reversed the trial court's judgment in favor of Piompino in an OAG FDUTPA enforcement action, holding that Piompino's on-the-record stipulation that he had authority to control Trusii's operations—coupled with co-owner testimony—was sufficient to satisfy the 'some measure of control' test for individual FDUTPA liability. The court held the trial court committed legal error in its framing of OAG's burden and that its finding that FDUTPA liability was not proven was not supported by competent, substantial evidence.
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