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MERCEDES BENZ OF NORTH AMERICA v. KLING

Nos. 88-2329 & 89-265.

549 So.2d 795 (1989)

MERCEDES BENZ OF NORTH AMERICA, INC., Appellant, v. Lewis M. KLING, Appellee.

District Court of Appeal of Florida, Fifth District.

October 5, 1989.

Attorney(s) appearing for the Case

Gregory P. Gerjel of Cameron, Marriott, Walsh and Hodges, P.A., Daytona Beach, for appellant.

Sylvan A. Wells and R. Neil Johnson of Sylvan A. Wells, P.A., Daytona Beach, for appellee.

COBB, Judge.

The principal issue posed by this appeal is whether or not the plaintiff, Lewis Kling, was barred from recovery against Mercedes Benz of North America, Inc., because of the provisions of section 681.104(5)(a), Florida Statutes (1985):

"(5)(a) Any action brought under this chapter shall be commenced within 6 months following expiration of the terms, conditions, or limitations of the express warranty or within 18 months following the date of original...

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