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District Court of Appeal of Florida


Hamilton v. Ford Motor Co., 4D04-4955

An attorney's fees judgment for plaintiffs in an action under the Motor Vehicle Warranty Enforcement Act and the Magnuson-Moss Warranty Act against Ford is reversed in part and remanded where: 1) the trial court erred in relying on an improperly filed offer of judgment and improperly admitted expert testimony in deciding the amount of attorney's fees; 2) the Magnuson-Moss Warranty Act controlled state law in this area and entitled them to attorney's fees incurred in litigating the fee issue; and 3) a failure to award costs and interest was error.

Appellate Information

  • Decided 09/01/2006
  • Published 09/05/2006

Judges

Court

  • District Court of Appeal of Florida

Counsel

  • For Appellant:
  • Rebecca J. Covey of Rebecca J. Covey, L.L.C., Fort Lauderdale, for appellants.

  • For Appellees:
  • Wendy F. Lumish and Alina Alonso of Carlton Fields, P.A., Miami, for appellee.
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