General Motors LLC v. Bowie

Summary

The Florida Fourth District Court of Appeal held that Florida's Lemon Law does not authorize recovery of attorney's fees incurred during arbitration when the consumer's lawsuit seeks only those fees. The court interpreted section 681.112, Florida Statutes, to provide attorney's fees only in an action involving recoverable damages, reversed the fee award, and remanded.

Holdings

1. Attorney's fees incurred in pursuing the refund option through Lemon Law arbitration are not damages recoverable under section 681.112, Florida Statutes.
2. Section 681.112 does not authorize an action brought solely to recover attorney's fees incurred in arbitration of the refund option.

Questions Presented

1. Whether attorney's fees incurred during arbitration of a Florida Lemon Law refund claim constitute damages recoverable under section 681.112, Florida Statutes.
2. Whether section 681.112 authorizes an action solely to recover attorney's fees incurred in pursuing the refund option through arbitration.

Disposition

reversed_and_remanded