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MESA v. BMW OF NORTH AMERICA, LLC

No. 3D04-1643.

904 So.2d 450 (2005)

Ivon MESA, Appellant, v. BMW OF NORTH AMERICA, LLC, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 22, 2005.

Attorney(s) appearing for the Case

Krohn & Moss and Alex D. Weisberg and Theodore F. Greene III, Sunrise, for appellant.

Hinshaw & Culbertson and Bruce W. Bennett and Lori A. Heim, Tampa, for appellee.

Before CORTIÑAS and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.

CORTIÑAS, Judge.

The plaintiff, Ivon Mesa ("Mesa"), appeals from a final summary judgment in favor of the defendant, BMW of North America, LLC ("BMWNA"). We affirm, in part, and reverse, in part.

On January 29, 2001, Mesa leased a 2001 BMW 330i ("vehicle") from South Motors BMW ("South Motors"), a dealer in Miami, Florida. Prior to Mesa's lease of the vehicle, the vehicle was sold by South Motors to BMW Financial Services, which then leased the vehicle...

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