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Florida Statute 681.112 | Lawyer Caselaw & Research
F.S. 681.112 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 681.112

The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS
Chapter 681
MOTOR VEHICLE SALES WARRANTIES
View Entire Chapter
F.S. 681.112
681.112 Consumer remedies.
(1) A consumer may file an action to recover damages caused by a violation of this chapter. The court shall award a consumer who prevails in such action the amount of any pecuniary loss, litigation costs, reasonable attorney’s fees, and appropriate equitable relief.
(2) An action brought under this chapter must be commenced within 1 year after the expiration of the Lemon Law rights period, or, if a consumer resorts to an informal dispute-settlement procedure or submits a dispute to the department or board, within 1 year after the final action of the procedure, department, or board.
(3) This chapter does not prohibit a consumer from pursuing other rights or remedies under any other law.
History.ss. 10, 19, ch. 88-95; s. 4, ch. 91-429; s. 24, ch. 2011-56; s. 33, ch. 2011-205.

F.S. 681.112 on Google Scholar

F.S. 681.112 on Casetext

Amendments to 681.112


Arrestable Offenses / Crimes under Fla. Stat. 681.112
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 681.112.



Annotations, Discussions, Cases:

Cases from cite.case.law:

CHRYSLER GROUP, LLC, v. MUSACCHIA, 64 So. 3d 141 (Fla. Dist. Ct. App. 2011)

. . . Chrysler”) appeals the final judgment granting the Musacchias’ claim for attorney’s fees under section 681.112 . . . After Chrysler’s compliance with the arbitration order, the Musacchias filed a lawsuit under section 681.112 . . . Lemon Law proceeding before the arbitration board constitute “damages” recoverable pursuant to section 681.112 . . . We have recently held that “ ‘damages’ under section 681.112 do not include attorney’s fees incurred . . .

FOREST RIVER INC. v. GELINAS,, 65 So. 3d 537 (Fla. Dist. Ct. App. 2011)

. . . litigation costs, reasonable attorney’s fees, and appropriate equitable relief,” pursuant to section 681.112 . . . to refund or replacement of the vehicle in a lawsuit subsequent to Lemon Law arbitration via section 681.112 . . . the arbitration of the refund option were not recoverable in a separate court action under section 681.112 . . . Appeal have had the occasion to address the underlying issue of whether “damages” as used in section 681.112 . . .

MERCEDES- BENZ USA, LLC, v. POPHAM,, 65 So. 3d 47 (Fla. Dist. Ct. App. 2011)

. . . appeals the trial court’s order awarding attorney’s fees to David Popham (“Pop-ham”), pursuant to section 681.112 . . . ) then filed a lawsuit in circuit court seeking recovery of the attorney’s fees pursuant to section 681.112 . . . The answer is no, “ ‘damages’ under section 681.112 do not include attorney’s fees incurred in pursuing . . .

GENERAL MOTORS LLC, v. BOWIE,, 58 So. 3d 934 (Fla. Dist. Ct. App. 2011)

. . . The owner then filed a complaint in circuit court, pursuant to section 681.112, Florida Statutes (2006 . . . We begin our analysis by reviewing the pertinent statutory language of section 681.112. . . . We discussed the term “damages” as used in section 681.112 in King v. . . . Section 681.112(1) uses the term “damages” and indicates that a prevailing consumer may recover “the . . . HAZOURI and CIKLIN, JJ„ concur. . § 681.112, Fla. Stat. (2006). . . . .

GENERAL MOTORS CORPORATION, v. SANCHEZ,, 16 So. 3d 883 (Fla. Dist. Ct. App. 2009)

. . . Specifically, the plaintiffs entire reliance on section 681.112(1), Florida Statutes (2008), is misplaced . . . expenses which are not “damages,” cannot be maintained, and it follows, the second sentence in section 681.112 . . .

KIA MOTORS AMERICA CORPORATION, v. BUTLER,, 985 So. 2d 1133 (Fla. Dist. Ct. App. 2008)

. . . . § 2310; § 681.112, Fla. Stat. . . .

FOX, v. PORSCHE CARS NORTH AMERICA, INC., 279 F. App'x 748 (11th Cir. 2008)

. . . PCNA argues that the plain language of § 681.112 allows a court to award a consumer, who prevails in . . . a § 681.112 action, “reasonable attorney’s fees” incurred in that § 681.112 action, but not attorney’ . . . PCNA further argues that attorney’s fees are not “damages” under the first sentence of § 681.112 and . . . thus damages (other than attorney’s fees) must be sought in the § 681.112 action before a consumer can . . . recover attorney’s fees under the second sentence of § 681.112. . . .

AMERICAN HONDA MOTOR COMPANY, INC. v. CERASANI,, 955 So. 2d 543 (Fla. 2007)

. . . Finally, section 681.112(1) authorizes a consumer to file suit to recover damages caused by a violation . . . of the Lemon Law, and section 681.112(3) specifies that other rights and remedies are not foreclosed . . .

H. HAMILTON B. v. FORD MOTOR COMPANY, a, 936 So. 2d 1203 (Fla. Dist. Ct. App. 2006)

. . . plaintiffs then filed a complaint alleging claims under the Motor Vehicle Warranty Enforcement Act, section 681.112 . . . pecuniary loss, litigation costs, reasonable attorney’s fees, and appropriate equitable relief.” § 681.112 . . .

GELINAS, v. FOREST RIVER, INC., 931 So. 2d 970 (Fla. Dist. Ct. App. 2006)

. . . Gelinas filed suit against Forest River under section 681.112 to recover pecuniary losses, litigation . . . Forest River claimed that section 681.112 did not permit Gelinas to bring a “subsequent legal action . . . The trial court concluded that Gelinas’s lawsuit was authorized under section 681.112 and King v. . . . Forest River asserted that Gelinas’s complaint failed to state a cause of action under section 681.112 . . . King explores the scope of damages recoverable under section 681.112 and concludes that section 681.112 . . .

ALLISON TRANSMISSION, INC. v. J. R. SAILING, INC., 926 So. 2d 404 (Fla. Dist. Ct. App. 2006)

. . . possession of a motor vehicle in order to bring a circuit court action for “damages” under section 681.112 . . .

BURNS, v. DAIMLERCHRYSLER CORPORATION,, 914 So. 2d 451 (Fla. Dist. Ct. App. 2005)

. . . Further, section 681.112(3), Florida Statutes, states: “This chapter does not prohibit a consumer from . . .

H. LAND, v. GENERAL MOTORS CORPORATION,, 906 So. 2d 1154 (Fla. Dist. Ct. App. 2005)

. . . Land sought relief by seeking remedies under section 681.112 of the Florida Lemon Law and seeking remedies . . . It appears Land’s reliance on section 681.112, Florida Statutes, is misplaced, despite this Court’s opinion . . . Land relies on the part of the opinion where this Court wrote that a section 681.112 action could be . . . complaint, thus it appears Land had no proper cause of action under section 681.103, by way of section 681.112 . . .

WILLIAMS, v. POTAMKIN MOTOR CARS, INC. GMC LLC d b a JM d b a v., 835 So. 2d 310 (Fla. Dist. Ct. App. 2002)

. . . after the delivery of the motor vehicle in question to the respective plaintiff provided by section 681.112 . . . "This chapter,” Ch. 88-95, Laws of Fla., includes section 681.112(2), which is § 10, at 442, Laws of . . . consumer involved, that is, either the purchaser of a new vehicle suing under the Lemon Law, section 681.112 . . .

KING, v. KING MOTOR COMPANY OF FORT LAUDERDALE, a a a, 780 So. 2d 937 (Fla. Dist. Ct. App. 2001)

. . . and possession of a motor vehicle in order to bring a circuit court action for damages under section 681.112 . . . See §§ 681.111 & 681.112, Fla.Stat. (2000). . . . Section 681.112(1) uses the'term “damages” and indicates that a prevailing consumer may recover “the . . . As used in section 681.112(1), “damages” should be given its plain and ordinary meaning of pecuniary . . . Third, Chapter 88-95, section 10 added section 681.112, which created a pecuniary remedy for consumers . . .

FORD MOTOR COMPANY, v. J. FOWLER, HOLIDAY RAMBLER CORPORATION, v. J. FOWLER,, 705 So. 2d 662 (Fla. Dist. Ct. App. 1998)

. . . Section 681.112, Florida Statutes, provides that a consumer who pursues a case in front of the arbitration . . .

GENERAL MOTORS CORPORATION, PONTIAC MOTOR DIVISION, v. R. NEU, 617 So. 2d 406 (Fla. Dist. Ct. App. 1993)

. . . Also, section 681.112(1), Florida Statutes (1991) permits a consumer to file an action for violation . . .

SWARTSEL v. FORD MOTOR COMPANY, 38 Fla. Supp. 2d 78 (Fla. Cir. Ct. 1989)

. . . (Emphasis added.) 681.112, Florida Statutes (1989). . . .