Florida/Georgia Personal Injury & Workers Compensation

...The Florida law, known as the "Lemon Law," imposes strict time constraints on manufacturers to respond to complaints and for case resolution. § 681.104, Fla. Stat. (2007). Attorney fees are recoverable under both the MMWA and Lemon Law. See 15 U.S.C. § 2310; § 681.112, Fla....

...rs of America, Inc., a foreign corporation. GROSS, J. The narrow issue we consider in this case is whether a consumer must be able to furnish clear title to and possession of a motor vehicle in order to bring a circuit court action for damages under section 681.112, Florida Statutes (2000), Florida's Lemon Law, and 15 U.S.C....

...See § 681.104(2)(a), Fla.Stat. (2000). The Lemon Law also sets out a procedure for enforcing the consumer's rights to a replacement or refund. In certain circumstances, the Lemon Law provides relief other than the replacement/refund option. See §§ 681.111 & 681.112, Fla.Stat....

...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....

...-settlement procedure or submits a dispute to the division or board, within 1 year after the final action of the procedure, division, or board. (3) This chapter does not prohibit a consumer from pursuing other rights or remedies under 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. (2000). This difference in terminology indicates that the statute uses the term "damages" to mean something other than the replacement/refund option. As used in section 681.112(1), "damages" should be given its plain and ordinary meaning of pecuniary compensation recovered by a person who has suffered a loss caused by a violation of Chapter 681. Section 681.112 thus allows for a Chapter 681 damages case in circumstances where a refund or replacement is not an option....

...Caplan, 522 So.2d 993, 996 (Fla. 3d DCA 1988); or (4) the situation presented in this case, where the consumer cannot take advantage of the refund/replacement option because he cannot furnish clear title to and possession of the motor vehicle. This interpretation of section 681.112 is consistent with the policy that a statute "enacted in the public interest" should be given a "liberal construction in favor of the public." Dep't of Envtl....

...Second, section 9 of Chapter 88-95, rewrote section 681.111 to enlarge the number of Chapter 681 violations that might give rise to a cause of action for an unfair or deceptive trade practice under part II of Chapter 501, Florida Statutes (2000). [3] Third, Chapter 88-95, section 10 added section 681.112, which created a pecuniary remedy for consumers damaged by Lemon Law violations. We therefore hold that King's inability to "furnish to the manufacturer clear title to and possession of" the Kia under section 681.104(2)(a), did not, for that reason alone, bar a cause of action for damages under section 681.112....

...The damage remedy is available in circuit court when the arbitration cannot provide relief or is otherwise inappropriate. We also distinguish cases construing the Pennsylvania Lemon Law, since it does not appear from the decisions that said statute contained a provision like section 681.112, which provides for a damages remedy....

...nufacturer 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 and Kia; or whether a provision of the federal statute or the terms of any warranty limit or condition recovery....

...As such, the Board's authority must be strictly construed by reference to the statute. See Hanley v. Kajak, 661 So.2d 1248 (Fla. 4th DCA 1995). The statute authorizes the Board to hear Lemon Law claims; the statute does not authorize the Board to hear any additional consumer claims. See § 681 et seq, Fla. Stat. Further, section 681.112(3), Florida Statutes, states: "This chapter does not prohibit a consumer from pursuing other rights or remedies under any other law." A Magnuson Moss claim is clearly brought under a law other than Florida's Lemon Law Act, and can be brought "in any court of competent jurisdiction in any state....

...4th DCA 2001). But King is inapposite because, in that case, the Fourth District decided only the narrow question of whether a consumer had to furnish clear title to and possession of a motor vehicle in order to bring a circuit court action for "damages" under section 681.112....

...Landa-Posada, 984 So.2d 641, 643 (Fla. 3d DCA 2008). Of the narrow exceptions to this doctrine, the only one which even conceivably applies arises when fees are authorized by statute. But, we hold, no such statute applies. Specifically, the plaintiff's entire reliance on section 681.112(1), Florida Statutes (2008), is misplaced....

...rom the recovery of actual or compensatory damages," leave no doubt as to this proposition. It is therefore clear that the present action which seeks to recover expenses are not "damages," cannot be maintained, and it follows, the second sentence in section 681.112(1), providing for fees in a successful action under that statute cannot apply....

...The plaintiffs initiated an arbitration proceeding against Ford Motor Company alleging their new truck was defective. The Arbitration Board denied relief. The plaintiffs then filed a complaint alleging claims under the Motor Vehicle Warranty Enforcement Act, section 681.112, Florida Statutes (2002) [Florida Lemon Law Act] and the Magnuson-Moss Warranty Act, 15 U.S.C....

...Bluebird Body Co., 353 F.Supp.2d 1265, 1268-69 (M.D.Ga.2005). Similarly, under the Florida Lemon Law Act, "[t]he court shall award a consumer who prevails in such action the amount of any pecuniary loss, litigation costs, reasonable attorney's fees, and appropriate equitable relief." § 681.112(1), Fla....

...Joseph Gelinas appeals the entry of a final judgment awarding Forest River, Inc. *972 attorney's fees and costs. This award was entered based on a proposal for settlement following the trial court's granting of a summary judgment in favor of Forest River on Gelinas's claims for recovery under Florida Statutes section 681.112. We reverse. Gelinas filed suit against Forest River under section 681.112 to recover pecuniary losses, litigation costs, and reasonable attorney's fees stemming from the purchase of a 1999 Forest River 2465 Georgetown Recreational Vehicle....

...The RV had previously been determined to be a "lemon" by the Florida New Motor Vehicle Arbitration Board, which awarded Gelinas a refund of $40,391.80 following an offset for his use of the RV. Forest River filed a motion to dismiss Gelinas's complaint. Forest River claimed that section 681.112 did not permit Gelinas to bring a "subsequent legal action for recovery of attorney fees and costs incurred in the underlying arbitration." In a subsequent memorandum of law in support of the motion to dismiss, Forest River asserted that Gelinas was not entitled to recover pecuniary losses, litigation costs, or attorney's fees under section 681.112. The trial court denied Forest River's motion to dismiss. The trial court concluded that Gelinas's lawsuit was authorized under section 681.112 and King v....

...of Fort Lauderdale, 780 So.2d 937 (Fla. 4th DCA 2001). Thereafter, Forest River filed a motion for summary judgment on all claims raised in Gelinas's complaint. Forest River asserted that Gelinas's complaint failed to state a cause of action under section 681.112 for several reasons prohibiting the recovery of attorney's fees and costs and pecuniary losses for the underlying arbitration. Gelinas filed a memorandum of law in opposition to summary judgment. Gelinas asserted that the summary judgment motion was duplicative of the motion to dismiss that was rejected by the trial court, and that section 681.112 supported recovery of the damages sought by him....

...fees and costs. First, we address Gelinas's second issue on appeal: whether the trial court erred by holding that the Lemon Law arbitration and refund barred recovery of attorney's fees and costs and other pecuniary losses in a separate action under section 681.112....

...alification, so that the trial court clearly granted the motion addressing the full complaint in its entirety. Therefore, there is no jurisdictional bar to Gelinas's appeal. With these preliminary matters resolved, we turn to the heart of the issue. Section 681.112 provides: (1) A consumer may file an action to recover damages caused by a violation of this chapter....

...w." § 681.101, Fla. Stat. Gelinas also relies on two cases from this Court to support his argument. The first case is King v. King Motor Co. of Fort Lauderdale, 780 So.2d 937 (Fla. 4th DCA 2001). King explores the scope of damages recoverable under section 681.112 and concludes that section 681.112 contemplates damages separately recoverable outside the refund or replacement remedy available from the Lemon Law arbitration 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. Stat. (2000). This difference in terminology indicates that the statute uses the term "damages" to mean something other than the replacement/refund option. As used in section 681.112(1), "damages" should be given its plain and ordinary meaning of pecuniary compensation recovered by a person who has suffered a loss caused by a violation of Chapter 681. Section 681.112 thus allows for a Chapter 681 damages case in circumstances where a refund or replacement is not an option....

...to replace the motor vehicle. Nowhere does Florida's Lemon Law indicate that the Board is authorized to award attorney fees. Id. at 453-454. Forest River responds that the attorney's fees and costs and pecuniary loss damages sought by Gelinas under section 681.112 are not recoverable. Forest River contends that this is the case for two reasons. First, based on Land v. General Motors Corp., 906 So.2d 1154 (Fla. 4th DCA 2005), Forest River asserts that by bringing claims for attorney's fees and costs and pecuniary losses under section 681.112 subsequent to arbitration, Gelinas impermissibly split his causes of action. In Land, a consumer filed a claim for Lemon Law arbitration, and when she did not receive the desired relief, she filed a lawsuit seeking both to appeal the arbitration board's decision and to obtain relief under section 681.112 and the Magnuson-Moss Warranty Act....

...However, the damages sought by Gelinas are not of this type. On this issue, we conclude that Gelinas was permitted to bring claims for attorney's fees and costs and pecuniary losses unrelated to refund or replacement of the vehicle in a lawsuit subsequent to Lemon Law arbitration via section 681.112. Based on its plain language, a section 681.112 claim seeks the recovery of damages, and a consumer that prevails by being deemed entitled to damages may receive attorney's fees and costs and compensation for pecuniary losses as part of a damages award. Gelinas's claims for pecuniary losses are of the type cognizable under section 681.112 based on King, because the claims address how the refund remedy of arbitration did not fully compensate Gelinas, so that although refund was an option, it was an inadequate option. Gelinas's claim for attorney's fees and costs is also cognizable under section 681.112, because where a consumer's vehicle has been deemed a "lemon" by the arbitration board, a violation of Chapter 681 has been found, and that consumer can seek attorney's fees and costs under section 681.112 because such cannot be sought *976 from the arbitration board, as explained in Burns....

...As a result, the scenario at bar does not involve impermissible splitting of causes of action (or any other type of preclusion) as in Land, and Gelinas was permitted to raise entirely new claims in the proceedings subsequent to the arbitration. This conclusion is supported by section 681.112(2) which contemplates bringing a separate action for unrecovered damages within one year of the arbitration board's decision. Based on our consideration of King, Burns, and Land, we conclude that the trial court erred by granting Forest River's motion for summary judgment and entering final judgment, because section 681.112 authorizes the recovery of attorney's fees and costs and pecuniary losses not recoverable in a Lemon Law arbitration in a separate proceeding following such an arbitration....

...In sum, we reverse and remand the final judgment in its entirety and direct the trial court to undertake further proceedings consistent with this opinion. Florida law permits Gelinas to bring a claim for attorney's fees and costs and pecuniary losses in a proceeding separate from Lemon Law arbitration under section 681.112. Additionally, any award of attorney's fees and costs to Forest River based on its proposal for settlement must be revisited following the consideration of Gelinas's claims under section 681.112....

...efinition of "consumer," and section 681.104(2)(b) provides that when a vehicle does not conform to the manufacturer's warranty, "[t]he lessee shall receive the lessee cost and the lessor shall receive the lease price less the lessee cost." Finally, section 681.112(1) authorizes a consumer to file suit to recover damages caused by a violation of the Lemon Law, and section 681.112(3) specifies that other rights and remedies are not foreclosed by chapter 681....

...within 30 days after receipt of the decision."). As to Land's two remaining arguments, we find no error in the lower tribunal's conclusions that Land violated the rule against splitting of causes of action. Land sought relief by seeking remedies under section 681.112 [1] of the Florida Lemon Law and seeking remedies under the federal Magnuson-Moss Warranty Act....

...rongful act common to all the claims raised by Land, whereas "Tyson's three claims plainly are not based on `a single group of operative facts.'" Id. at 1211. Affirmed. GUNTHER, POLEN and HAZOURI, JJ., concur. NOTES [1] It appears Land's reliance on section 681.112, Florida Statutes, is misplaced, despite this Court's opinion in King v. King Motor Co. of Fort Lauderdale, 780 So.2d 937 (Fla. 4th DCA 2001). Land relies on the part of the opinion where this Court wrote that a section 681.112 action could be brought when "a warranty violation under section 681.103....

...order, including the amount of road testing performed. § 681.103(1)-(4), Fla. Stat. None of these potential violations of the statute were alleged in the complaint, thus it appears Land had no proper cause of action under section 681.103, by way of section 681.112, despite Land's interpretation of this Court's opinion in King.

...effect to that language employed by the legislature, and are not free to modify the effect of the statute. Cobb v. 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....

...In a letter to the owner’s counsel, the manufacturer reiterated its offer to repurchase the car and make a net refund of $11,000. Once again, the owner rejected the offer because it did not include attorney’s fees. The owner then filed a complaint in circuit court, pursuant to section 681.112, Florida Statutes (2006), seeking recovery for pecuniary loss, litigation costs, reasonable attorney’s fees, and appropriate equitable relief....

...We have de novo review of the issue as it involves a matter of statutory interpretation. Am. Honda Motor Co., Inc. v. Cerasani, 955 So.2d 543, 545 (Fla.2007). On appeal, the manufacturer argues that attorney’s fees incurred in arbitrating a Lemon Law claim do not constitute “damages” under section 681.112....

...4th DCA 2006), authorized the fee award. The manufacturer replies that Gelinas did not decide the issue. Alternatively, if Ge-linas did decide the issue, it was wrongly decided. We begin our analysis by reviewing the pertinent statutory language of section 681.112....

...A consumer may file an action to recover damages caused by a violation of this chapter. The court shall award a consumer who prevails in such action the amount of any pecuniary loss, litigation costs, reasonable attorney’s fees, and appropriate equitable relief. § 681.112(1), Fla....

...The plain language of the statute allows a consumer to “file an action to recover damages” and provides for attorney’s fees to a prevailing consumer, but only in “such action.” The plain language does not authorize an action solely for attorney’s fees. We discussed the term “damages” as used in section 681.112 in King v. King Motor Co. of Fort Lauderdale, 780 So.2d 937, 941 (Fla. 4th DCA 2001). Section 681.112(1) uses the term “damages” and indicates that a prevailing *936 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.' This difference in terminology indicates that the statute uses the term “damages” to mean something other than the replacement/refund option. As used in section 681.112(1), “damages” should be given its plain and ordinary meaning of pecuniary compensation recovered by a person who has suffered a loss caused by a violation of Chapter 681. Id. at 941 (emphasis added) (citation omitted). The Third District Court of Appeal has similarly held that “damages” in section 681.112(1) do not envision attorney’s fees incurred in Lemon Law arbitration....

...d by statute.” Id. at 884 (citations omitted). We concur with the Third District that “simply put, the term ‘damages’ does not include attorneys’ fees.” 2 Id. To the extent that the owner interprets Gelinas as authorizing an action under section 681.112 solely for fees incurred in an arbitration proceeding seeking the refund option, we held no such thing....

...As the manufacturer argues, this court was not asked to decide that issue in Gelinas . Rather, we were asked to decide whether the trial court had erred in granting a summary judgment precluding the claimant from bringing a cause of action for other pecuniary losses unrecoverable in a Lemon Law claim. We held that section 681.112 provided recovery for damages “unrelated to refund or replacement of the vehicle.” Gelinas, 931 So.2d at 975 ....

...Here, the owner filed suit solely for the recovery of attorney’s fees incurred in pursuing the refund option in arbitration. If the owner had sought recovery for some “damage” other than attorney’s fees and prevailed, then the fee provision of section 681.112 would have been triggered. But, “damages” under section 681.112 do not include attorney’s fees incurred in pursuing the refund option through arbitration. Reversed and Remanded. HAZOURI and CIKLIN, JJ„ concur. . § 681.112, Fla....

TOWBIN SINGER, MICHELE, Associate Judge. Mercedes-Benz USA, LLC (“MBUSA”) appeals the trial court’s order awarding attorney’s fees to David Popham (“Pop-ham”), pursuant to section 681.112, Florida Statutes (2010)....

...Neither party appealed the board’s decision and Popham received a refund. Popham’s lawyer (who had represented Popham during the arbitration proceedings) then filed a lawsuit in circuit court seeking recovery of the attorney’s fees pursuant to section 681.112, Florida Statutes....

...The issue in this case is whether Florida’s “Lemon Law” authorizes an award of attorney’s fees incurred during arbitration of the refund option. This exact issue was recently addressed and decided in General Motors, LLC v. Bowie, 58 So.3d 934 (Fla. 4th DCA 2011). The answer is no, “ ‘damages’ under section 681.112 do not include attorney’s fees incurred in pursuing the refund option through arbitration.” Bowie at 936 ....

...Paul of AndersonGlenn, LLC, Boca, for appellant. Patrick St. George Cousins of Cousins Law Firm, P.A., West Palm Beach, for appellees. DAMOORGIAN, J. Chrysler Group, LLC ("Chrysler") [1] appeals the final judgment granting the Musacchias' claim for attorney's fees under section 681.112(1), Florida Statutes (2006)....

...refund the Musacchias for the purchase price of the vehicle minus a reasonable *142 offset for use. No appeal was taken from the arbitration board's order. After Chrysler's compliance with the arbitration order, the Musacchias filed a lawsuit under section 681.112(1) seeking to recover the attorney's fees they incurred in the arbitration....

...The trial court entered a judgment awarding those fees. This appeal follows. As in Bowie, the issue before us is whether the attorney's fees incurred during the Lemon Law proceeding before the arbitration board constitute "damages" recoverable pursuant to section 681.112(1). We have recently held that "`damages' under section 681.112 do not include attorney's fees incurred in pursuing the refund option through arbitration." General Motors, 58 So.3d at 935....

...hicle from Florida’s New Motor Vehicle Arbitration Board. Nine months later, the consumer filed a complaint seeking an award of “pecuniary loss[es], litigation costs, reasonable attorney’s fees, and appropriate equitable relief,” pursuant to section 681.112, Florida Statutes (2000)....

...Forest River, Inc., 931 So.2d 970 (Fla. 4th DCA 2006). We held that the consumer “was permitted to bring claims for attorney’s fees and costs and pecuniary losses unrelated to refund or replacement of the vehicle in a lawsuit subsequent to Lemon Law arbitration via section 681.112.” Id....

...rbitration action and engaged in discovery. The manufacturer again moved for summary judgment and argued the attorney’s fees that accrued exclusively during the arbitration of the refund option were not recoverable in a separate court action under section 681.112....

...t, and awarded a total of $187,475.84 for fees, costs, and prejudgment interest. The manufacturer now appeals. Our court and the Third District Court of Appeal have had the occasion to address the underlying issue of whether “damages” as used in section 681.112, includes attorney’s fees incurred during the arbitration of the refund option....

...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 arbitration board must file a damage action within one year after the final action of the board....

...3d DCA 1993), that the statute of limitations bars the action as a matter of law. 2 Specifically, the action was brought beyond the three-year limitations period after the delivery of the motor vehicle in question to the respective plaintiff 3 provided by section 681.112(2), Florida Statutes (2002)(“An action brought under this chapter 4 must be commenced within 1 year after the expiration of the Lemon Law rights period .......

...The plaintiff Williams purchased his allegedly unlaundered lemon in early 1996; Leopold Griffith, in late 1995; Wilma Misla, in early 1995; Luz Ovalles, in early 1996; and Luciano Morel, in early 1995. . "This chapter,” Ch. 88-95, Laws of Fla., includes section 681.112(2), which is § 10, at 442, Laws of Fla....

...used for personal, family, or household purposes[,] it is clear that the "Lemon Law rights period” begins from the "original” delivery to the particular consumer involved, that is, either the purchaser of a new vehicle suing under the Lemon Law, section 681.112, or, as here, the purchaser at the re sale provided by section 681.114....