FORD MOTOR COMPANY, APPELLANT/CROSS APPELLEE,

v.

THOMAS J. AND MARLENE FOWLER, APPELLEES/CROSS APPELLANTS; HOLIDAY RAMBLER CORPORATION, APPELLANT, V. THOMAS J. AND MARLENE FOWLER, APPELLEES

WOLF, Judge.

Ford Motor Company (Ford) appeals from a final judgment awarding appellees, Thomas J. Fowler and Marlene Fowler, damages and attorney’s fees pursuant to chapter 681, Florida Statutes (the Florida Lemon Law). The Fowlers filed a cross appeal concerning the amount of damages and attorney’s fees awarded. Hobday Rambler Corporation (Holiday) filed a separate appeal from the same final judgment finding them jointly and severally bable for the damages assessed against Ford. The cases have been consolidated on appeal.

As to the Ford appeal and cross appeal, we affirm as to both. We find it unnecessary to address the issues raised therein except to note that Ford waived any argument as to untimebness by voluntarily taking part in the dispute settlement procedure process outlined in section 681.108, Florida Statutes. See Wylie v. Investment Management and Research, Inc., 629 So. 2d 898 (Fla. 4th DCA 1993); Victor v. Dean Witter Reynolds, Inc., 606 So. 2d 681 (Fla. 5th DCA 1992).

We reverse the final judgment as to Hobday because the action against Hobday was not timely filed after the decision of the Florida Motor Vehicle Arbitration Board (arbitration board) which had found no babibty on the part of Hobday.

On November 8, 1994, the arbitration board entered a written decision, holding Ford liable for. damages and attorney’s fees pursuant to the Florida Lemon Law. Hobday was dismissed from the action in the same order. The order was sent to the parties on November 22, 1994; the parties received the decision on November 28, 1994. On December 20, 1994, Ford filed an action in circuit court, appealing the decision of the arbitration board as to their babibty. It was not until December 5, 1995, that the Fowlers filed a third-party complaint against Hobday. 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. The action against Hobday was untimely under either standard.

That portion of the order finding Hobday jointly and severally habléis reversed. In all other respects, the order of the circuit court is affirmed.

JOANOS and VAN NORTWICK, JJ., concur.