M.G.B. Homes, Inc. v. Ameron Homes

HARLINGTON WOOD, Senior Circuit Judge: MGB Homes, Inc. (MGB) and Ameron Homes, Inc. (Ameron) are competing home builders in the town of Sebastian, Florida. In 1986 MGB filed suit against Ameron, complaining that Ameron copied the floor plan of MGB's ""Islander II"" home from a copyrighted advertising flyer in violation of, among other laws, the Florida Deceptive and Unfair Trade Practices Act (DTPA).1 See Fla.Stat. § 501.201 et seq. The district court agreed with MGB and awarded it attorney's fees under the DTPA. See id. at § 501.2105. On appeal, however, this court reversed the holding of the district court that Ameron was liable to MGB under the DTPA, reasoning that the DTPA does not apply to suits between competitors. M.G.B. Homes, Inc. v. Ameron Homes, Inc., 903 F.2d 1486, 1494 (11th Cir.1990); Fla.Stat. § 501.2105.