BARRY SCHERMER, Bankruptcy Judge
ORDER AND FINAL JUDGMENT GRANTING DEBTOR, LOURDES MARIA RAMON'S ("RAMON") MOTION TO DISMISS PLAINTIFFS, JORGE L. GUERRA AND GAYLE L. GUERRAS' (THE "GUERRAS") ADVERSARY COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT UNDER 11 U.S.C. 523(A)(4) (THE "ADVERSARY COMPLAINT") (C.P. #1) WITH PREJUDICE FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED, PURSUANT TO FED.R.CIV.P. 12(B)(6), AS INCORPORATED BY FED.R.BANKR.P. 7012(B), OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGEMENT ON THE ADVERSARY COMPLAINT PURSUANT TO FED.R.CIV.P. 56, AS INCORPORATED BY FED.R.BANKR.P. 7056 THIS CAUSE having come before the Court on Monday, November 15, 2004 upon Debtor, Lourdes Maria Ramon ("Ramon")'s October 7, 2004, Motion to Dismiss Plaintiffs, Jorge L. Guerra And Gayle L. Guerras' (The "Guerras") Adversary Complaint To Determine Dischargeability Of Debtor Under 11 U.S.C. 523(A)(4) (The "Adversary Complaint") (C.P. #1) With Prejudice For Failure To State A Claim Upon Which Relief Can Be Granted, Pursuant To Fed.R.Civ.P. 12(B)(6), As Incorporated By Fed.R.Bankr.P. 7012(B), Or In The Alternative, Motion For Summary Judgement On The Adversary Complaint Pursuant To Fed.R.Civ.P. 56, As Incorporated By Fed.R.Bankr.P. 7056 (the "Motion") and the Court, after having reviewed the Motion the Adversary Complaint, the legal and statutory authority presented, having heard argument of counsel, having been advised by Plaintiffs' counsel on the record that Plaintiffs were not pursuing claim against Debtor, Ramon under 11 U.S.C. § 523(a)(6), but only under 11 U.S.C. § 523(a)(4) and being otherwise duly appraised in the premises, hereby finds that, after having reviewed the factual allegations of the Adversary Complaint in the light most favorably to Plaintiffs, as this Court must when considering a Motion to Dismiss, the Plaintiffs', the Adversary Complaint fails to state a cause of action, as a matter of law.
This Court will follow the precedent of United States District Court Judge Lenard in her decision In re Hanft, 315 B.R. 617, 623 (S.D. Fla. 2002) herein she held, "While the Eleventh Circuit made clear in Quaif that a fiduciary duty for purposes of section 523(a)(4) may be created by statute, the Court finds that Florida's Financial Responsibility Act creates neither a fiduciary duty nor a technical trust." Here, Debtor, Ramon's alleged failure to comply with the Florida Financial Responsibility Act, Fla. Stat. § 458.320 (the "FFRA"), even if true, does not give rise to a cause of action under 11 U.S.C. § 523(a)(4).
THEREFORE, it is hereby ORDERED AND ADJUDGED that pursuant to Fed.R.Civ.P. 12(B)(6), as Incorporated By Fed.R.Bankr.P. 7012(B) Debtor, Ramon's Motion to Dismiss the Adversary Complaint with prejudice is hereby GRANTED and this adversary proceeding is hereby DISMISSED.
DONE AND ORDERED