CONSUMER LAW: LEMON LAW: ARBITRATION: REFUND OPTION: ATTORNEY’S FEES

Chrysler Group, LLC v. Musacchia, ___ So. 3d ___, 36 Fla. L. Weekly D1204 (Fla. 4th DCA 6/8/11)

A consumer who obtains a refund of the purchase price after arbitration under the Lemon Law is not entitled to recover attorney’s fees. “‘[D]amages’ under section 681.112 [Florida Statutes] do not include attorney’s fees incurred in pursuing the refund option through arbitration.”… Click To Read Full Case Law Review...

CONSUMER LAW: LEMON LAW: ARBITRATION: REFUND OPTION: ATTORNEY’S FEES

Forest River Inc. v. Gelinas, ___ So. 3d ___, 36 Fla. L. Weekly D1180 (Fla. 4th DCA 6/1/11)

A consumer is not entitled to recover the attorney’s fees incurred in arbitrating a claim under the Lemon Law for a refund.… Click To Read Full Case Law Review...

CONSUMER LAW: LEMON LAW: ARBITRATION: REFUND OPTION: ATTORNEY’S FEES

Mercedes-Benz USA, LLC v. Popham, ___ So. 3d ___, 36 Fla. L. Weekly D1072 (Fla. 4th DCA 5/18/11)

The Fourth District Court of Appeal, in a Lemon Law case, reaffirmed its holding in General Motors, LLC  v. Bowie, ___ So. 3d ___, 36 Fla. L. Weekly D821 (Fla. 4th DCA 4/20/11), that “‘damages’ under section 681.112 [Florida Statutes] do … Click To Read Full Case Law Review...

CONSUMER LAW: LEMON LAW: REFUND OR REPLACEMENT OF VEHICLE: ARBITRATION: ATTORNEY’S FEES

General Motors LLC v. Bowie, ___ So. 3d ___, 36 Fla. L. Weekly D821 (Fla. 4th DCA 4/20/11)

A consumer who seeks a refund of the purchase price in arbitration under the Lemon Law is not entitled to attorney’s fees under Section 681.112, Florida Statutes. Section 681.112 provides for the recovery of prevailing party attorney’s fees in an action for … Click To Read Full Case Law Review...