Buxton et al v. Wyndham Destinations, Inc. et al

Case Number: 6:19-cv-01555

Last Updated: May 28, 2023

Status

Closed, Mediation

Location

Middle District of Florida (Orlando)

Presiding Judge

Magistrate Judge Daniel C . Irick

Date Filed

08/20/2019

Highlights

Timeshare owners claimed:

Wyndham breached its contractual obligation to provide timeshare owners with access to and use of their timeshares, and in the alternative, was unjustly enriched by its contracts.
Wyndham committed common law and statutory fraud in the inducement and omission (citing the Florida Vacation Plan and Timeshare Act)

Judge Dalton of Florida’s Federal District Court, Middle District of Florida, denied Wyndham’s motion to dismiss at this stage, ruling:

The “merger clause” in the contract that purports to incorporate all oral representations made by Wyndham sales representatives before the timeshare owners entered into the contract does not cloak Wyndham with immunity from alleged fraudulent statements that induced the timeshare owners to enter into the contracts in reliance on such statement;
Until Wyndham proves the validity of the contracts, it would be premature to dismiss the claim that Wyndham was unjustly enriched by the contracts, and
At this stage of the proceedings, the contracts are ambiguous because there are different reasonable interpretations of the contract terms.

Case Posture

Claims:

Claims: fraud, breach of contract, unjust enrichment, and FL Timeshare Act violation

Posture:

Multiple plaintiff action severed, Wyn Jx transfer fm TN to FL granted. Order: Five to be litigated at a time while others stayed.

Summary:

Related to 59+ cases* (after mass plaintiff action Badovinac v Wyndham severed by Judge Byron)

Selected Events:

On April 22, 2020, Judge Dalton denied Wyndham’s motion to dismiss the complaint, ruling that Wyndham’s contracts could be ambiguous re Wyn’s obligations to provide access per express terms re “Ownership,” “Club Accommodations,” and “Use and Occupancy.” Buxton v. Wyndham Vacation Resorts, Inc. (No. 19-cv-1555), Campbell v. Wyndham Vacation Resorts, Inc. (No. 19-cv-01556), Blessing v. Wyndham Vacation Resorts, Inc., (No. 19-cv-1613); Chandler v. Wyndham Vacation Resorts, Inc., (No. 19-cv-1647), and Mason v. Wyndham Vacation Resorts, Inc., (No. 19-cv-1613)

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Docket link

Operative Complaint

Critical Orders

Critical Briefs

Transcripts

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Parties

Plaintiffs: Kevin Buxton, Pamela Buxton

Plaintiffs’ counsel: Donald Sheridan Hackett , III

Defendants: Wyndham Destinations, Inc. TERMINATED: 02/03/2020

Defendants: Wyndham Vacation Resorts, Inc.

Defendants’ counsel: Alfred J. Bennington , Jr., Francis Augustine Zacherl , III, Glennys Ortega Rubin, Lauren Lynn Millcarek, Michael James Quinn of Shutts & Bowen, LLP

Defendants: Wyndham Vacation Ownership, Inc.