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Palm Beach Golf Center-Boca, Inc. v. Sarris

United States Court of Appeals, Eleventh Circuit

March 9, 2015

PALM BEACH GOLF CENTER-BOCA, INC., a Florida corporation, individually and on behalf of all others similarly situated, Plaintiff-Appellant,
v.
JOHN G. SARRIS, D.D.S., P.A., a Florida corporation, Defendant-Appellee

Page 1246

[Copyrighted Material Omitted]

Page 1247

Appeal from the United States District Court for the Southern District of Florida. D.C. Docket No. 9:12-cv-80178-KMW.

For PALM BEACH GOLF CENTER-BOCA, INC., a Florida corporation, individually and on behalf of all others similarly situated, Plaintiff - Appellant: Phillip Andrew Bock, Daniel J. Cohen, Bock & Hatch, LLC, CHICAGO, IL; Ryan Michael Kelly, David Max Oppenheim, Brian J. Wanca, Anderson Wanca, ROLLING MEADOWS, IL; Gregory S. Weiss, Cohen Milstein Sellers & Toll, PLLC, PALM BCH GDNS, FL.

For JOHN G. SARRIS, D.D.S., P.A., a Florida corporation, Defendant - Appellee: Kevin David Franz, William Stuart Reese, Lane Reese Summers Ennis & Perdomo, PA, CORAL GABLES, FL; Michael Resis, Molly Arranz, Eric Samore, SmithAmundsen, LLC, CHICAGO, IL.

Before MARTIN, Circuit Judge, and EATON,[*] Judge, and HINKLE,[**] District Judge. HINKLE, District Judge, concurring in part and dissenting in part.

OPINION

Page 1248

EATON, Judge:

We sua sponte vacate and reconsider our original opinion in this matter and substitute the following.

On December 13, 2005, Plaintiff Palm Beach Golf Center-Boca, Inc. received an unsolicited one-page fax advertisement, promoting dental services provided by Defendant

Page 1249

John G. Sarris, D.D.S., P.A., a Florida dental practice. Thereafter, Palm Beach Golf brought a class action suit against Sarris, D.D.S., claiming that the fax advertisement violated the Telephone Consumer Protection Act of 1991 (" TCPA" ), 47 U.S.C. § 227(b)(3) (2006), and gave rise to common law claims for conversion. The District Court granted summary judgment in favor of Defendant by minute entry on August 2, 2013, immediately following oral argument.

Palm Beach Golf filed an interlocutory appeal of the minute entry, and subsequently, the District Court issued its written decision on October 22, 2013 and entered final judgment in favor of Sarris, D.D.S. After ...


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