BMW OF NORTH AMERICA, LLC., APPELLANT,
v.
MONICA LA ROTTA, APPELLEE
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BMW sought a trial de novo in circuit court following an unfavorable arbitration board decision in a Lemon Law case, but the trial court dismissed the petition for failing to state a cause of action. The appellate court reversed, holding that section 681.1095(12) requires only that a petition identify the action requested and grounds for review, not a detailed pleading of substantive claims.
A petition for trial de novo need only identify the cause of action and grounds for appeal as required by section 681.1095(12); it need not plead a traditional cause of action. BMW's petition satisfied this requirement by its title, opening paragraph requesting a trial de novo, and prayer for relief. The grounds for appeal need be nothing more than a statement that the petitioner disputes the arbitration board's outcome.
[1] A petition for a trial de novo under the Lemon Law need only identify the cause of action and the grounds for appeal.
[2] A petition for a trial de novo under the Lemon Law is sufficiently stated if it identifies the action requested and the grounds relied upon for review.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“This statute does not require the losing party in arbitration to plead a cause of action entitling it to review, in the same way that the plaintiff 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'.”
Establishes that the Lemon Law has different pleading requirements than ordinary civil litigation
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBMW of North America received an adverse decision from the Florida New Motor Vehicle Arbitration Board in a Lemon Law dispute with consumer Monica La …
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FARMER, J.
In this Lemon Law case, following a decision of the Florida New Motor Vehicle Arbitration Board the manufacturer timely filed a petition in the circuit 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. Stat. (2003). BMW met that requirement because: (1) the document is entitled an “Amended Petition for Trial de Novo;” (2) the opening paragraph “petitions this Court for a trial de novo of the decision of the Florida New Motor Vehicle Arbitration Board;” and (3) BMW’s prayer for relief “respectfully requests this court to review the Florida New Motor Vehicle Board Decision by trial de novo.... ” As we said in T.A. Enter prises, Inc. v. Olarte, Inc., 835 So. 2d 1235 (Fla. 4th DCA 2003),
“This statute does not require the losing party in arbitration to plead a cause of action entitling it to review, in the same way that the plaintiff 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’.”
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. Indeed, the court emphasized in Chrysler v. Pitsirelos, 721 So. 2d 710, 713 (Fla.1998), that:
“The entitlement of either the consumer or manufacturer to a trial de novo appeal proceeding in the circuit court after completion of this mandatory alternative dispute resolution procedure respects the access-to-courts provision in the Florida Constitution, due process, and separation of powers.”
The consumer’s arguments in support of dismissal of the petition were premised on a misreading of this statute.
Reversed.
STEVENSON, C.J., and MARX, KRISTA, Associate Judge, concur.
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Citator
Cited By
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BMW OF N. Am., LLC v. la Rotta, 935 So. 2d 1278 (Fla. 4th DCA 2006)…PER CURIAM. Reversed. See BMW of North America LLC v. La Rotta, 921 So. 2d 702 (Fla. 4th DCA 2006). STEVENSON, C.J., STONE and SHAHOOD, JJ., concur.…
Authorities Cited
- Chrysler Corp. v. Spiro Pitsirelos, 721 So. 2d 710 (Fla. 1998)
- T.A. Enters., Inc. v. Olarte, Inc., 835 So. 2d 1235 (Fla. 4th DCA 2003)