Florida/Georgia Personal Injury & Workers Compensation

...s for arbitration *58 pursuant to the provisions of Florida's Arbitration Code. For the reasons set forth herein, we find that this is not a reasonable alternative. In Chrysler Corporation v. Pitsirelos, 721 So.2d 710 (Fla.1998), this Court examined section 681.1095(4), Florida Statutes (1989), part of Florida's Motor Vehicle Warranty Enforcement Act, which requires parties in motor vehicle warranty disputes to submit to arbitration before filing an action in circuit court. Section 681.1095(13), Florida Statutes (1989), provided for a trial de novo in the circuit court for a party who appealed the arbitration award....

...e defect to Chrysler Corporation, the manufacturer of the vehicle, in accordance with section 681.104(1), Florida Statutes (1989), affording Chrysler a final opportunity to repair the vehicle. The defect was not repaired, and Pitsirelos, pursuant to section 681.1095, Florida Statutes (1989), applied for arbitration proceedings before the Arbitration Board....

...Following a hearing, the Arbitration Board concluded that Pitsirelos's vehicle was a "lemon" within the meaning of the Lemon Law and ordered Chrysler to pay Pitsirelos the value of the vehicle plus incidental charges. Chrysler filed a petition for a trial de novo appeal with the Circuit Court for St. Lucie County under section 681.1095(13)....

...First, the district court concluded that the trial court correctly placed the burden of proof on Chrysler and that the Arbitration Board's decision was admissible and presumed correct. Id. at 1133. The court then addressed the constitutionality of the $25-per-day continuing damage provision of section 681.1095(14), Florida Statutes (1989)....

...s at the trial de novo appeal proceeding; and (3) whether the continuing damages provision unconstitutionally penalizes the manufacturer for appealing the Arbitration Board's decision. [16] (1) BURDEN OF PERSUASION AT TRIAL DE NOVO APPEAL PROCEEDING Section 681.1095 reads in part as follows: (13) An appeal of a decision by the board to the circuit court by a consumer or a manufacturer shall be by trial de novo....

...5th DCA 1993). In Mason, the district court held that under the procedure established by the legislature in chapter 681, Florida Statutes, the party appealing the Arbitration Board's decision carries the burden of proof. The court reasoned as follows: Section 681.1095(13) provides that the appealing party must state the action requested and the grounds relied upon for appeal....

...rmative relief, be the party that bears the burden of persuading that the relief sought in the circuit court should be granted. We find no constitutional barrier to this procedure. Accordingly, we hold that in a trial de novo appeal proceeding under section 681.1095(13), Florida Statutes (1989), the party appealing the decision of the Arbitration Board to the circuit court, whether consumer or manufacturer, bears the burden of going forward with the evidence and of persuasion in the trial de novo appeal proceeding....

...decision is not to be given a presumption of correctness. The district court below held that "[t]he arbitration board decision is introduced in the de novo trial and is presumed to be correct." Pitsirelos, 689 So.2d at 1133 (citing Aguiar; Mason ). Section 681.1095(10), Florida Statutes (1989), states that "[i]n any civil action arising under this chapter and relating to a dispute arbitrated before the board, any decision by the board is admissible in evidence." It is important to emphasize tha...

...ment of Legal Affairs of the Attorney General's Office of the State of Florida. Proceedings before the Arbitration Board are informal and exempt from the provisions of chapter 120. The rules of evidence and civil procedure do not apply. To interpret section 681.1095(10), Florida Statutes (1989), as mandating that the decision of the Arbitration Board be presumed correct in the trial de novo appeal would raise a serious issue as to whether it would violate article I, section 9, and article II, se...

...on this issue, we disapprove those decisions. We quash the decision of the district court in this case as to this issue. (3) CONTINUING DAMAGES AWARDS The Fourth District affirmed the trial court's award to Pitsirelos of continuing damages under subsection 681.1095(14), Florida Statutes (1989)....

...ar, the use of the term "trial de novo." I would hold that the consumer carries the initial burden of proof at both the arbitration proceeding and the trial de novo, regardless of whether the Arbitration Board ruled in the consumer's favor. Although section 681.1095(13) refers to the trial de novo as an "appeal," the trial de novo is not in the nature of a standard appeal from a lower court decision because the Arbitration Board decision is not under appellate review....

...quiring the consumer to bear the initial burden of proof at the trial de novo. The arbitration proceeding benefits the consumer by affording an opportunity to resolve the warranty dispute in a relatively expeditious and inexpensive manner. Moreover, section 681.1095(10) provides that the decision of the Arbitration Board may be admitted into evidence at the trial de novo....

...In my view, a favorable arbitration decision would be powerful evidence in support of the consumer's claim. To support the holding that the appealing party bears the burden of proof at the trial de novo, the majority and the district court below note that section 681.1095(13) requires the appealing party to state in a written *716 petition the action requested and the grounds relied upon. I believe the purpose of this requirement is to enable the circuit court to determine whether the trial de novo was sought in good faith. Section 681.1095(14) permits the court to double or triple the amount of damages to the consumer if the manufacturer filed the petition for a trial de novo in bad faith....

...to the warranty.... [4] § 681.104, Fla. Stat. (1989). A "nonconformity" is "a defect or condition that substantially impairs the use, value, or safety of a motor vehicle." § 681.102(12), Fla. Stat. (1989). [5] § 681.109(3), Fla. Stat. (1989). [6] § 681.1095(4), Fla. Stat. (1989). [7] § 681.1095(12), Fla. Stat. (1989). [8] § 681.1095(5), Fla. Stat. (1989). [9] § 681.1095(10), Fla. Stat. (1989). [10] § 681.1095(10), Fla. Stat. (1989). [11] §§ 681.1095(10), (11), Fla. Stat. (1989). [12] § 681.1095(11), Fla. Stat. (1989). [13] § 681.1095(14), Fla. Stat. (1989). [14] § 681.1095(13), Fla....

...Porsche inspected the car in early March, 1992, and determined that the car's performance was normal. Porsche sent Mason a letter setting forth their position that his tire wear and handling concerns were the result of tire underinflation and the use of improper tires. Pursuant to section 681.1095, Florida Statutes (1991), Mason then applied to the attorney general's office for arbitration of his lemon law claim....

...Porsche upon the latter's payment of $33,242.21, the amount Mason had paid toward the purchase of the car, less a reasonable offset for use. III. Porsche's Appeal Porsche appealed the Board's decision by petition to the circuit court as permitted by section 681.1095(10), Florida Statutes....

...erable, their qualifications, mental processes and deliberations were not. The next issue to arise concerned the weight to be accorded the Board's decision. Porsche argued that because the decision was admissible only as a result of the directive in section 681.1095(9), any presumption of correctness surrounding the decision was subject to "bursting" upon the admission by Porsche of substantial competent evidence that Mason's car was not a lemon....

...ntemporary and that occasionally he was told to come back with an appointment. Also, White testified that the shudder was "annoying" and "unacceptable." This is competent evidence of substantial impairment of use. C. THE BOARD'S DECISION AS EVIDENCE Section 681.1095(9) provides, "In any civil action arising under this chapter and relating to a dispute arbitrated before the Board, any decision by the Board is admissible in evidence." In two decisions, this court has instructed litigants in de nov...

...inconvenience of testifying in every appeal. Although the concern expressed on behalf of the arbitrators is valid, unfortunately, again owing to the unique features of the statutory scheme, the arbitrators' independent observations may be relevant. Section 681.1095 allows the arbitrators the discretion to inspect the vehicle, which is very different from merely observing the presentation of evidence....

...Based on the foregoing, [5] we reverse the judgment below and remand for a new trial. REVERSED and REMANDED. DAUKSCH and COBB, JJ., concur. NOTES [1] Mason v. Porsche Cars, 621 So.2d 719 (Fla. 5th DCA), review denied, 629 So.2d 134 (Fla.1993). [2] Section 681.1095(13) provides in pertinent part: If a decision of the board in favor of the consumer is upheld by the court, recovery by the consumer shall include the pecuniary value of the award, attorney's fees incurred in obtaining confirmation o...

...If a court determines that the manufacturer acted in bad faith in bringing the appeal or brought the appeal solely for the purpose of harassment or in complete absence of a justiciable issue of law or fact, the court shall double, and may triple, the amount of the total award. § 681.1095(13), Fla....

...While the inoperable car sat on King Motor's lot, the lender repossessed and resold the vehicle. King brought suit against Kia under Chapter 681, Florida Statutes (2000), the Motor Vehicle Warranty Enforcement Act, also known as the Lemon Law. Although King did not timely file for arbitration under sections 681.109 and 681.1095, he contended that this failure was caused by Kia's noncompliance with section 681.103(3), regarding a manufacturer's obligation to "inform the consumer clearly and conspicuously in writing how and where to file a claim with a certified proc...

...e and at least fit for the ordinary purposes for which such vehicles are used." The Magnuson-Moss counts sought compensatory damages, costs, and attorney's fees. Citing eleven decisions from Florida New Motor Vehicle Arbitration Boards created under section 681.1095, Florida Statutes, the circuit judge dismissed the Lemon Law claim....

...(2000); Ch. 88-95, § 6, at 438, Laws of Fla. The Arbitration Board is a neutral forum where consumers may obtain relief without having to go through the expense and delay of filing a lawsuit. Abbreviated time frames control arbitrations before a Board. See § 681.1095(6), Fla.Stat. (2000). The statute authorizes a board to "grant relief, if a reasonable number of attempts have been undertaken to correct a nonconformity or nonconformities." § 681.1095(8), Fla.Stat. (2000). Consistent with the language *940 of section 681.104(2)(a), the "relief" contemplated by section 681.1095 is the "delivery of an acceptable replacement motor vehicle or the refund specified in the arbitration award." § 681.1095(9), Fla.Stat. (2000). The "relief" also includes "all reasonably incurred collateral and incidental charges ." § 681.104(2)(a), Fla.Stat. (2000). A party may appeal a decision by the Board to the circuit court, which reviews the matter by "trial de novo." § 681.1095(12), Fla.Stat....

...lue of the award, attorney's fees incurred in obtaining confirmation of the award, and all costs and continuing damages in the amount of $25 per day for each day beyond the 40-day period following the manufacturer's receipt of the board's decision." § 681.1095(13), Fla.Stat....

...rer acted in bad faith." Id. The Lemon Law favors resolution of cases outside of the court system in either dispute settlement procedures established by a manufacturer under section 681.108 or arbitration before the Board pursuant to section 681.109-681.1095. This preference is implemented by section 681.1095(4), which provides: Before filing a civil action on a matter subject to s. 681.104, the consumer must first submit the dispute to the [Division of Consumer Services of the Department of Agriculture and Consumer Services], and to the [B]oard if such dispute is deemed eligible for arbitration. Section 681.1095(4) furthers the intent of the Lemon Law "to resolve motor vehicle warranty disputes in expedited proceedings at less cost to consumers than traditional court proceedings." Chrysler Corp., 721 So.2d at 712. Obviously, the term "civil action" in section 681.1095(4) cannot refer to the petition appealing an arbitration decision under section 681.1095(10)-(14), since such an appeal presumes a previous submission to arbitration. Section 681.1095(4) covers an action brought pursuant to section 681.109(7), where the division has rejected a dispute and the consumer "may file a lawsuit to enforce the remedies provided under" Chapter 681. Additionally, another "civil action" contemplated by section 681.1095(4) is that provided in section 681.112, Florida Statutes (2000), which states: (1) A consumer may file an action to recover damages caused by a violation of this chapter....

...r any other law. Section 681.112 provides for an action for damages caused by a statutory violation, apart from the replacement/refund remedy that is available by following the procedural pathway through arbitration contained in sections 681.109 and 681.1095. By requiring submission to the division and to arbitration, if appropriate, section 681.1095(4) guides consumers in the direction of the broadest remedy and the most streamlined procedure....

...*941 Section 681.112(1) uses the term "damages" and indicates that a prevailing consumer may recover "the amount of any pecuniary loss." When discussing the replacement/refund option, the statute uses the terms "refund," "replacement," "relief," and "compliance" with an arbitration decision. See §§ 681.104(2)(a), 681.1095(8) & (9), Fla.Stat....

...Those decisions indicate that when a vehicle is not available for return to the manufacturer, the consumer is not eligible for relief under Lemon Law arbitration. The only relief provided for in a Chapter 681 arbitration is the replacement/refund option plus collateral and incidental charges. See §§ 681.104(2)(a), 681.1095(8) & (9), Fla....

...12 (3d Cir.1997) (interpreting section 2310(d) to mean that "a consumer who is damaged by the failure of a dealer or manufacturer to comply with a warranty obligation can file suit to recover the purchase price plus collateral damages"). We have not considered any other issues in this case, such as whether King complied with section 681.1095(4) or the time limits of section 681.112(2); whether Kia had an "affirmative defense" to King's claim under section 681.104(4), Florida Statutes (2000); whether there was an enforceable express or implied warranty between appellant a...

...The Jeep came with a standard 3 year/36,000 mile warranty, but after numerous visits to the dealership and repeated, unsuccessful attempts to fix the Jeep, Burns sought legal recourse. Burns filed a request for arbitration with the Lemon Law Arbitration Board ("the Board"), pursuant to section 681.1095, Florida Statutes....

...McBride, 848 So.2d 287, 290 (Fla.2003). Collateral estoppel bars a claim only when the issues have been fully litigated and decided in a court of competent jurisdiction. Id. at 291. The Lemon Law Arbitration Board is a creature of statute, created by section 681.1095, Florida Statutes....

...See § 681, et seq, Fla. Stat. Nowhere does Florida's Lemon Law Act indicate that the Board is authorized to award attorney fees. In fact, attorney fees are mentioned only in reference to a circuit court upholding a Board decision awarding consumer damages on appeal. See § 681.1095(13), Fla....

...General Motors Corp., the lower court determined Land's attempt to appeal an arbitration decision was insufficient to confer jurisdiction on the court, thus requiring the arbitration decision to become final and binding on the parties. 906 So.2d 1154 (Fla. 4th DCA 2005). Section 681.1095(12), Florida Statutes, requires "[a]n appeal of a decision by the board to the circuit court by a consumer or manufacturer shall be by trial de novo....

...STEVENSON, C.J., and CROW, DAVID F., Associate Judge, concur. NOTES [1] The statute states, in relevant part, "Before filing a civil action on a matter subject to s. 681.104, the consumer must first submit the dispute to the division, and to the board if such dispute is deemed eligible for arbitration." § 681.1095(4), Fla....

...ged nonconformity. The arbitration panel then found that the vehicle was a lemon because there was a "rear end" noise "created by the vehicle" that was "loud and annoying." The cause or source of this "noise" was not identified, however. Pursuant to section 681.1095, Florida Statutes (1992), Ford's right of appeal of this arbitration decision is by trial de novo in the circuit court....

...By finding Ford guilty of bad faith for appealing, Ford has not only been deprived of its trial de novo and has been punished for attempting to assert its statutory right, but has been cheated of its constitutional protections. Plainly, the purpose of section 681.1095(13), Florida Statutes, is to discourage baseless or frivolous appeals, but there is nothing baseless or frivolous about this appeal....

...te review of an arbitration board's decision. Petitioner, Christopher Mason, purchased a 1991 Porsche which had recurring transmission problems. Petitioner requested arbitration before the "Florida New Motor Vehicle Arbitration Board." See generally § 681.1095(1), Fla. Stat. (1991). After a hearing and inspection of the car, the arbitration board officially declared petitioner's vehicle a "lemon" and ordered the manufacturer to pay petitioner a refund in the total amount of $33,242.21. Pursuant to section 681.1095(11), Florida Statutes (1991), the manufacturer appealed the decision by filing a petition with the circuit court in Orange County....

...Petitioner argued that since the manufacturer was challenging the arbitration board's decision on appeal, the appellant *721 should have the burden of proving that the decision was incorrect. After the hearing the trial judge entered an order granting a trial de novo. He found that section 681.1095, Florida Statutes (1991) is ambiguous, but that the clear intent of the legislature was to grant a trial de novo to either party upon the filing of a proper petition as required under the statute....

...The judge found that a separate lawsuit needed to be filed in which the consumer (petitioner) would be the plaintiff and the manufacturer the defendant. Petitioner seeks certiorari review of that order, [1] which we grant because of our view that said order constitutes a departure from the essential requirements of law. Section 681.1095, Florida Statutes (1991), deals with the purpose and function of the Florida New Motor Vehicle Arbitration Board. Section 681.1095(11) provides for judicial review of an arbitration board's findings, and reads in pertinent part: Section 681.1095(11) A decision is final unless appealed by either party....

...s evidenced by a written statement signed by the consumer. If the manufacturer fails to provide such evidence or fails to pay the fine, the Department of Legal Affairs shall initiate proceedings against the manufacturer for failure to pay such fine. Section 681.1095(13), Florida Statutes (1991), reads as follows: An appeal of a decision by the board to the circuit court by a consumer or a manufacturer shall be by trial de novo. In a written petition to appeal a decision by the Board, the appealing party must state the action requested and the grounds relied upon for appeal. Although the trial court characterizes section 681.1095, Florida Statutes (1991) as ambiguous, the statute is clear that once the arbitration board makes its findings, the aggrieved party may appeal to the circuit court....

...Although most appellate proceedings do not include a trial or evidentiary hearing, the statutory appellate procedure for Florida's lemon law authorizes a trial de novo. Nevertheless, it is generally the burden of the appellant to show that the lower tribunal erred. The issue in this case has arisen because section 681.1095 does not explicitly place the burden of persuasion on either the appellant or appellee. Section 681.1095(13) provides that the appealing party must state the action requested and the grounds relied upon for appeal....

...ard's decision as the plaintiff in a trial de novo. Yet the manufacturer considers it appropriate to make the consumer seek affirmative relief in both the administrative and judicial forum, regardless of what transpires before the arbitration board. Section 681.1095 provides for binding arbitration, but like Florida's Arbitration Code there is a right to judicial review....

...Therefore, the party attacking the decision of the value adjustment board would have the burden of overcoming of the presumption of correctness. Id. at 1140-1143. The manufacturer's response to the petition for certiorari argues that the term "trial de novo" as used in section 681.1095 should be interpreted as it is normally defined. The manufacturer states that "de novo" means to try a matter anew, as if the same had not been heard before and as if no decision had been previously rendered. However, section 681.1095(13), Florida Statutes, does not only use the term "trial de novo" but also uses the term "appeal," which by its normal definition means a review of a lower tribunal's decision. Admittedly, section 681.1095(13) is inartfully drafted but it should not be interpreted so as to lead to an absurd result....

...ioner. The attorney general notes that under Florida's lemon law, the arbitration board's decision is admissible in evidence in any civil action relating to the dispute in question, presumably including the de novo circuit court action authorized by section 681.1095(13). See § 681.1095(10), Fla....

...Regan described as "serious," "substantial," and "loud enough to impair the value of the vehicle." After several complaints by Sailing and corresponding unsuccessful attempts by Allison to alleviate the condition to Sailing's satisfaction, the parties went to arbitration pursuant to section 681.1095(4) of the Act....

...The principal issue at arbitration was whether the vehicle had a "nonconformity" as defined in section 681.102(16), i.e., "a defect or condition that substantially impairs the use, value, or safety of a motor vehicle." If a consumer loses at arbitration, section 681.1095(12) provides that the consumer may file a civil action in circuit court and receive a trial de novo....

...The Board found that the vehicle was a "lemon," and required Eclipse to pay damages to Buyer, accept a return of the vehicle, and satisfy Buyer's debt on the vehicle. At that point, Eclipse timely filed a petition for an "appeal by trial de novo" pursuant to section 681.1095(12)....

...The court declined to hold that the arbitrator's decision was entitled to a presumption of correctness, saying that it would be received in evidence along with any other evidence adduced by the parties. It also held that in an award of damages under subsection 681.1095(14) is limited "solely to reimburse the consumer for expenses relating to the loss of use of the vehicle during the pendency of the trial de novo appeal proceeding....

...The provider argued that compulsory arbitration violated the provider's right to access to the courts for redress on its claim for payment. To explain why the PIP provision for compulsory arbitration of such claims was invalid, the court said: "In [ Pitsirelos ], this Court examined section 681.1095(4), part of Florida's Motor Vehicle Warranty Enforcement Act, which requires parties in motor vehicle warranty disputes to submit to arbitration before filing an action in circuit court. Section 681.1095(13) provided for a trial de novo in the circuit court for a party who appealed the arbitration award....

...laintiff in an ordinary civil action must plead a cause of action entitling it to relief. Instead, the Lemon Law merely requires the party losing the arbitration to file a petition "stating the action requested and the grounds relied on for review." § 681.1095(12)....

...rsing the vehicle. [3] See Ch. 681, Fla. Stat. (2001), esp. § 681.109(1), (2), and (3). [4] See § 681.109(8), Fla. Stat. (2001) ("The department shall have the authority to adopt reasonable rules to carry out the provisions of this section."). [5] § 681.1095(12), Fla....

...justiciable issue of either law or fact raised by the consumer, shall result in the consumer being liable for all costs and reasonable attorney's fees incurred by the manufacturer, or its agent, as a direct result of the bad faith claim."). [7] See § 681.1095(13), (14), Fla....

...The jury determined that Appellant had violated the lemon law, that the vehicle's use, value, or safety had been impaired, and that Appellee did not modify or impair the vehicle and had filed for arbitration in good faith. In addition to the value of the vehicle, the jury awarded continuing damages of $25 per day pursuant to section 681.1095(13), Florida Statutes, plus interest....

...No other interpretation of this statutory scheme is reasonable. We also find no merit in Appellant's attack on the Act's constitutionality under federal and state concepts of separation of powers, due process, and access to the courts. Appellant asserts that the $25 per day continuing damage provision of section 681.1095(13) bears no rational relation to any actual damages which could be ascertained....

...n, arbitration employed by the Department of Business and Professional Regulation under chapter 718, Florida Statutes, and mediation of disputes between mobile home residents and park owners. We decline a request by counsel to address a challenge to section 681.1095(14), giving trial courts discretion to impose an appeal bond, as that section was not applied by the trial court here and the subject is therefore not ripe for our review....

...Covey of Law Offices of Rebecca J. Covey, P.A., Fort Lauderdale, for appellee. ON MOTION TO DISMISS APPEAL GROSS, J. The issue in this case is the constitutionality of a provision of the Motor Vehicle Warranty Enforcement Act (Florida's Lemon Law), section 681.1095(14), Florida Statutes (2001), which authorizes a court to condition appellate review upon payment by a manufacturer of the consumer's attorney's fees....

...The Florida New Motor Vehicle Arbitration Board decided in favor of Olarte, finding that the van was a lemon and requiring T.A. Enterprises to pay damages, take back the van, and pay off a vehicle loan. T.A. Enterprises timely filed an appeal for trial de novo pursuant to section 681.1095(12), Florida Statutes (2001)....

...After a non-jury trial, the circuit court entered judgment in favor of Olarte, adopting the Arbitration Board's award. In an amended final judgment, the court concluded that T.A. Enterprises acted in bad faith and awarded Olarte double damages, [3] for a total of $66,100.67, pursuant to section 681.1095(13), Florida Statutes (2001). T.A. Enterprises filed a notice of appeal directed at the amended final judgment. After a hearing, the circuit court entered a judgment awarding attorney's fees and costs of $262,388.29. See § 681.1095(13), Fla. Stat. (2001). Pursuant to section 681.1095(14), Florida Statutes *1018 (2001), the court ordered T.A....

...Enterprises filed a notice of appeal directed at that judgment. Olarte has moved this court to dismiss the appeals unless T.A. Enterprises complies with the trial court's order to pay its attorney's fees. We have stayed the appeals on the merits to consider the contention of T.A. Enterprises that section 681.1095(14) is unconstitutional....

...ts provision of Article I, section 21. The question in this case is one that we declined to reach in Chrysler Corp. v. Pitsirelos, 689 So.2d 1132, 1135 (Fla. 4th DCA 1997), quashed on other grounds, 721 So.2d 710 (Fla.1998): the constitutionality of section 681.1095(14), which states that "appellate review" of a final "judgment affirm[ing] a decision by the board in favor of a consumer" "may be conditioned upon payment by the manufacturer of the consumer's attorney's fees." Section 681.1095(14) authorizes a court to set a substantial financial barrier to an appeal. In a Lemon Law case, attorney's fees typically exceed the amount of a damages award. Here, the attorney's fee award was $260,197.50; the damage award became $66,100.67 only after it was doubled pursuant to section 681.1095(13)....

...e is no alternative method of meeting such public necessity. Psychiatric Assocs., 610 So.2d at 424; see Cmty. Hosp. of the Palm Beaches, Inc. v. Guerrero, 579 So.2d 304, 305 (Fla. 4th DCA 1991), aff'd, 610 So.2d 418 (Fla.1992). Applying this test to section 681.1095(14), we find that the statute fails to provide a manufacturer with an alternative remedy for appeal or a commensurate benefit....

...As to the second prong of the test, we do not believe that imposing an onerous attorney's fee requirement on the right to appeal is the only method that a statute could utilize to encourage a timely resolution of a consumer problem with a motor vehicle. The requirements of section 681.1095(14) go well beyond those minimal appellate cost bonds that the supreme court has upheld as "a valid exercise of legislative power." Austin v....

...[3] The original damage award of $33,100.67 consisted of a refund due from the manufacturer of $12,025.67 plus $21,075.00, which the court arrived at by assessing damages of $25 per day from October 22, 2001, which was the end of the 40-day period following the manufacturer's receipt of the arbitrator's decision. See § 681.1095(13), Fla....

...Peña, 664 So.2d 959 (Fla.1995) (holding that statutory provision for attorneys' fees in successful action for loss of wages did not apply to fees incurred in administrative proceeding which resulted in order reinstating county employee with back pay); cf. § 681.1095(13), Fla....

...bitration board: Section 681.112 provides for an action for damages caused by a statutory violation, apart from the replacement/refund remedy that is available by following the procedural pathway through arbitration contained in sections 681.109 and 681.1095. By requiring submission to the division and to arbitration, if appropriate, section 681.1095(4) guides consumers in the direction of the broadest remedy and the most streamlined procedure....

...Section 681.112(1) uses the term "damages" and indicates that a prevailing consumer may recover "the amount of any pecuniary loss." When discussing the replacement/refund option, the statute uses the terms "refund," "replacement," "relief," and "compliance" with an arbitration decision. See §§ 681.104(2)(a), 681.1095(8) & (9), Fla....

...Following a determination by the arbitration board that the vehicle was a "lemon," the manufacturer moved for summary judgment on the Magnuson-Moss claims, and the trial court granted summary judgment based on res judicata and collateral estoppel. Id. at 452-453. In reversing, this Court noted that section 681.1095 authorizes the Lemon Law arbitration board to hear Lemon Law *975 claims, but not any additional claims....

...The Arbitration Board awarded Holzhauer-Mosher a refund of $13,634.66 which it calculated by using the NADA retail price of $14,050 but without deducting the $16,393.45 Holzhauer-Mosher owed on her trade-in vehicle. Ford appealed the Board's decision to the circuit court pursuant to section 681.1095(19), Florida Statutes (1997), which provides for de novo review....

...olates the separation of powers doctrine and the right to equal protection. In Chrysler Corp. v. Pitsirelos, 689 So.2d 1132 (Fla. 4th DCA 1997), quashed on other grounds, 721 So.2d 710 (Fla.1998), the Fourth District considered similar challenges to section 681.1095(14), Florida Statutes (1989), which fixes continuing damages at $25 per day, and construed the Lemon Law to be constitutional as applied....

...$9,522.87 and to pay the lienholder of record the balance owed on the loan as of the date of the repurchase of the vehicle. The manufacturer timely appealed this decision to the circuit court by filing a Petition *1159 for Review and Trial De Novo. § 681.1095(10), (12), Fla.Stat....

...The manufacturer relied on General Motors Corp., Pontiac Motor Division v. Neu, 617 So.2d 406 (Fla. 4th DCA 1993). The trial court heard argument and entered an order denying the consumer's motion. This petition follows. In Neu, the consumer prevailed before the arbitration board. Thereafter, pursuant to section 681.1095(13), Florida Statutes (1991), the manufacturer filed its petition for review and trial de novo in the circuit court....

...petition was squarely addressed in Mason v. Porsche Cars of North America, 621 So.2d 719 (Fla. 5th DCA 1993), review denied, 629 So.2d 134 (Fla.1993), under essentially identical facts. The Fifth District, in its well-reasoned decision, stated that: Section 681.1095(13)[ [2] ] provides that the appealing party must state the action requested and the grounds relied upon for appeal....

...he trial de novo is placed on the party seeking review, namely, the manufacturer. Mason; Sheehan. Petition granted; order quashed and remanded with directions. NOTES [1] §§ 681.10-.118, Fla.Stat. (1993). [2] Subsequently, pursuant to Ch. 92-88, subsection 681.1095(13) was renumbered to subsection 681.1095(12)....

...[1] The suit stems from the Sheehans' dissatisfaction with their $30,000 Winnebago recreational vehicle. We reverse. [2] After a number of unsuccessful attempts to repair the recreational vehicle, the Sheehans and Winnebago proceeded to arbitration before the Board pursuant to section 681.1095, Florida Statutes (1991). The Board entered a decision in favor of the Sheehans which required Winnebago to repurchase the vehicle. Winnebago appealed the Board's decision to the circuit court pursuant to section 681.1095(13) which calls for a trial de novo....

...asserted defects and rendered a decision in favor of Winnebago. The Sheehans contend, and we agree, that the trial court erred in requiring that they bear the burden of proof and in failing to give the Board's decision a presumption of correctness. Section 681.1095(11) enables a party to appeal a decision of the Board to the circuit court, and section 681.1095(13) explains that the circuit court's review shall be by trial de novo....

...al and did not abrogate any party’s right to due process because the statute did not contravene anyone’s right to a trial by jury. 412 So.2d at 346 . Similarly, the supreme court ruled that the arbitration procedures under Florida’s Lemon Law, section 681.1095, Florida Statutes (1989), were constitutional because the arbitration did not prohibit an aggrieved party’s access to the court. See Chrysler Corp. v. Pitsirelos, 721 So.2d 710 (Fla.1998). Section 681.1095 initially required the consumer to submit his or her dispute before a six-member arbitration board. The board’s decision was final but could be appealed to the circuit court. § 681.1095(11). If appealed, the board’s decision was admissible in evidence, but the circuit court had to conduct a trial de novo. § 681.1095(10), (13)....

...a presumption of correctness but the decision was to be considered only as part of the evidence and given the appropriate weight by the fact-finder. Chrysler Corp., 721 So.2d at 711, 714 . Thus, the arbitration provisions were constitutional because section 681.1095 did not require the trial court to presume that the arbitration board’s decision was correct; instead, the party appealing the arbitration board’s decision bore the burden of presenting its case in the “trial de novo appeal proceeding.” Id....

...Land's attorney made the tactical decision, by her own admission, to exclude from the complaint any reference to arbitration or trial de novo. In all relevant respects, the complaint appeared no different from an initial complaint in any standard action. Section 681.1095(12), Florida Statutes, describes the manner in which a Lemon Law arbitration decision can be appealed....

...The law requires "[a]n appeal of a decision by the board to the circuit court by a consumer or manufacturer shall be by trial de novo. In a written petition to appeal a decision by the board, the appealing party must state the action requested and the grounds relied upon for the appeal." § 681.1095(12), Fla....

...e appealing party to in some way inform the court and the opposing party that an arbitration decision had been rendered and "must state the action requested," that being a trial de novo to review the correctness of the arbitration decision. See id.; § 681.1095(12), Fla. Stat. In the instant case, Land's initial complaint did neither, thus the lower tribunal correctly determined Land did not properly appeal the arbitration decision which then became binding and final. § 681.1095(10), Fla....

...If the matter is not settled at mediation, it is then referred to arbitration before a single arbitrator assigned by the administrator of the program. The decision of the arbitrator is binding unless appealed by either party. See § 681.1097(7), Fla. Stat. (2002). An appeal is to the circuit court in the manner prescribed by section 681.1095(12), which provides that "an appeal of a decision ......

...onal vehicles", (as defined by F.S. 681.102(15)). Therefore, the remaining issues set out in Consumer's Petition are not arbitral in this forum. Mr. Coberley then timely filed a Petition To The Circuit Court For Review And Trial De Novo, pursuant to section 681.1095(10) and (12), Florida Statutes (2002), seeking relief against Thor Industries....

...s motorhome, nor whether Thor contributed to the problem in its manufacture of the motorhome by affecting the chassis. When Coberley was denied a hearing before the arbitrator, he petitioned the circuit court for a trial de novo pursuant to sections 681.1095(10) and (12), Florida Statutes (2002)....

...Neu against petitioner GM pursuant to the Florida Lemon Law, or the Florida Motor Vehicle Warranty Enforcement Act, Chapter 681, Florida Statutes (1991). Neu bought a new GM car in 1991. In April of 1992, he brought a Lemon Law claim against GM by filing a request for arbitration. Arbitration took place pursuant to section 681.1095(4), Florida Statutes (1991), resulting in a decision by the Florida New Motor Vehicle Arbitration Board (Board) in favor of respondent Neu. Petitioner GM filed a petition to "appeal" the Board's decision and for de novo consideration and trial of Neu's claim in the Palm Beach Circuit Court on July 24, 1992. Petitioner relied on section 681.1095(13), Florida Statutes (1991), which provides: An appeal of a decision by the board to the circuit court by a consumer or manufacturer shall be by trial de novo....

...Even so, a fair interpretation of its express language and analysis of the entire chapter leads this court to conclude that the trial court erroneously interpreted the statute to allow an "appeal," which is not trial de novo after an arbitration decision. First of all, the language of section 681.1095(13), Florida Statutes, as quoted earlier, expressly provides for trial de novo to the circuit court by a consumer or manufacturer challenging a board decision....

...Maldonado, 451 So.2d 482, 483 (Fla. 4th DCA 1984); Holmes v. Blazer Financial Services, Inc., 369 So.2d 987 (Fla. 4th DCA 1979). Also, section 681.112(1), Florida Statutes (1991) permits a consumer to file an action for violation of the Lemon Law in the trial court. However, section 681.1095(4), Florida Statutes (1991) requires the consumer filing suit to first submit a claim to the division and to the board if eligible for *408 arbitration. That decision is final unless appealed by either party to the circuit court. Then, section 681.1095(10), Florida Statutes provided that in any civil action brought under the chapter, a decision by the board is admissible in evidence. As petitioner points out, for a civil action to follow the board decision as contemplated above, the civil action would have to be the "appeal" provided for in section 681.1095(11), Florida Statutes....

...cases. Reversed and remanded with directions. NOTES [*] Did not participate in oral argument. [1] The amended complaint in the Nelson case includes a count seeking to appeal an adverse decision of the Florida New Motor Vehicle Arbitration Board, see § 681.1095, Fla....

...Fowler and Marlene Fowler, residents of Marion County, Florida, appeal an order denying their motion to transfer venue of this action from Duval County, Florida, to Marion County. In the instant action, Ford Motor Company, appellee here, is appealing to the circuit court, pursuant to section 681.1095(10), Florida Statutes (1993), the decision of the Arbitration Board under Florida’s Motor Vehicle Warranty Enforcement Act, the so-called “lemon law,” Chapter 681, Florida Statutes (1993), in which the Board concluded that the...

...We reject both arguments. This mandatory nonbinding arbitration statute is similar, but not identical, to the statute requiring presuit arbitration of new motor vehicle “lemon law” claims. Compare § 718.1255(4)(c), Fla. Stat. (Supp.1994) with § 681.1095, Fla....

...November 28, 1994. On December 20, 1994, Ford filed an action in circuit court, appealing the decision of the arbitration board as to their liability. It was not until December 5, 1995, that the Fowlers filed a third-party complaint against Holiday. Section 681.1095(10), Florida Statutes, provides that an appeal of the decision of the board must be filed within "30 days after receipt of the decision." Section 681.112, Florida Statutes, provides that a consumer who pursues a case in front of the...

...court for a trial de novo. The trial court dismissed the request on the grounds that it failed to state a cause of action. We therefore reverse the final judgment affirming the decision of the arbitration board and remand for a trial de novo. Under section 681.1095(12), the petition need only identify the cause of action and the grounds for appeal. See § 681.1095(12), Fla....

...action must plead a cause of action entitling it to relief. Instead, the Lemon Law merely requires the party losing the arbitration to file a petition `stating the action requested and the grounds relied on for review'." 835 So.2d 1235, 1240. While section 681.1095(12) says that the party should include a statement of "the grounds relied upon for appeal" in a petition for a trial de novo, such grounds need be nothing more than a statement that the petitioner disputes the outcome before the Arbitration Board. Section 681.1095(12) does not specify that the entitlement to a trial de novo turns on the merits of the position taken by the petitioner in the underlying dispute....

would have to be the “appeal” provided for in section 681.1095. In addition, the decision by the board is

As an appointed Lemon Law Arbitrator under section 681.1095, Florida Statutes, you have asked for my opinion

...proceeding under the Lemon Law even though the consumer was the original proponent of the claim. However, under the Lemon Law, a trial de novo initiated by the manufacturer is an "appeal" of the arbitration decision entered in the consumer's favor. § 681.1095(13), Fla....