Bio-Med Plus, Inc. v. Health Coalition, Inc. (793 So. 2d 1092, 2001)

PER CURIAM.

This is an appeal from an order denying injunctive relief under Florida’s Deceptive and Unfair Trade Practices Act, sections 501.201-501.213, Florida Statutes (1999). Because the appellant is a competitor, rather than a consumer of the appellee, we affirm. See N.G.L. Travel Associates v. Celebrity Cruises, Inc., 764 So.2d 672 (Fla. 3d DCA 2000).

We decline to consider as a basis for reversal the difficult issue of whether the appellee’s alleged conduct violated a common law duty because, although it was referred to at the oral argument, the issue was not presented in the appellant’s brief or otherwise properly preserved for review. See Lynch v. Tennyson, 443 So.2d 1017 (Fla. 5th DCA 1983), and cases cited therein.

Affirmed.