(Download) "J.J.W. v. State" by In the District Court of Appeal of the State of Florida Fifth District January Term 2005 * eBook PDF Kindle ePub Free
eBook details
- Title: J.J.W. v. State
- Author : In the District Court of Appeal of the State of Florida Fifth District January Term 2005
- Release Date : January 04, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Vicky Talbott appeals the trial courts order granting American Isuzu Motors, Inc., attorneys fees and costs under the offer of judgment statute, section 768.79, Florida Statutes (2003). Talbott contends that 15 U.S.C. § 2310(d)(2) of the Magnuson-Moss Warranty--Federal Trade Commission Improvement Act (Magnuson-Moss Act), 15 U.S.C. §Â§ 2301-2312, preempts Floridas offer of judgment statute and precludes Isuzu from recovering attorneys fees. We disagree and affirm the trial courts award of attorneys fees and costs. While this appeal was pending, the Fifth District, in Marcy v. DaimlerChrysler Corp., 921 So. 2d 781 (Fla. 5th DCA 2006), issued its opinion explaining why the Magnuson-Moss Act does not preempt Floridas offer of judgment statute. We write to express our agreement with the result in Marcy.