GROVE SERVICES INCORPORATED OF MIAMI, ET AL., APPELLANTS,
v.
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, APPELLEE

Fla. 3d DCA | 2010-03-03
No. 3D09-1122
Before RAMIREZ, C.J., and SUAREZ, J., and SCHWARTZ, Senior Judge.
29 So. 3d 397 Florida District Court of Appeal, Third District (2010)

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Synopsis

The manufacturer appeals a judgment awarding attorney's fees incurred during the arbitration of a Lemon Law claim, arguing they are not recoverable. The appellate court agrees and reverses the award.


Holding

The court held that attorney's fees incurred during the arbitration of a Lemon Law claim's refund option are recoverable under section 681.112, Florida Statutes.


Facts & Procedural History

A consumer obtained a refund through Florida's New Motor Vehicle Arbitration Board. The consumer then sued for attorney's fees incurred during arbitra…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We hold that our decision in State, Department of Agriculture and Consumer Services v. Varela, 732 So.2d 1146, 1147 (Fla. 3d DCA 1999), relying on Department of Agriculture v. Polk, 568 So.2d 35 (Fla.1990), is dispositive of this appeal and decline the invitation to disapprove that decision.

Affirmed.


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