Narrative Opinion Summary
Larry Rojas, the appellant, filed a non-final appeal against Dyck-O'Neal, Inc., the appellee, in the Fifth District Court of Appeal of Florida. The case, presided over by Judge John E. Jordan in the Circuit Court for Orange County, resulted in an opinion affirming the lower court's decision. The court referenced the case Aluia v. Dyke-O’Neal, Inc., which established that a debtor's motion to dismiss was rightly denied because the debtor did not adequately demonstrate that the creditor qualified as a "debt collector" under the Fair Debt Collection Practices Act (15 U.S.C. 1692-1692p). The ruling was issued on December 9, 2016, with judges Orfinger, Torpy, and Cohen concurring.
Legal Issues Addressed
Affirmation of Lower Court's Decisionsubscribe to see similar legal issues
Application: The appellate court affirmed the decision of the lower court, indicating agreement with the lower court's judgment in favor of Dyck-O'Neal, Inc.
Reasoning: The case, presided over by Judge John E. Jordan in the Circuit Court for Orange County, resulted in an opinion affirming the lower court's decision.
Determination of 'Debt Collector' Status under the Fair Debt Collection Practices Actsubscribe to see similar legal issues
Application: The court found that the debtor failed to adequately demonstrate that Dyck-O'Neal, Inc. qualified as a 'debt collector' under the Fair Debt Collection Practices Act, thus supporting the denial of the debtor's motion to dismiss.
Reasoning: The court referenced the case Aluia v. Dyke-O’Neal, Inc., which established that a debtor's motion to dismiss was rightly denied because the debtor did not adequately demonstrate that the creditor qualified as a 'debt collector' under the Fair Debt Collection Practices Act (15 U.S.C. 1692-1692p).