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BMW OF NORTH AMERICA v. ROTTA

No. 4D04-4551.

921 So.2d 702 (2006)

BMW OF NORTH AMERICA, LLC., Appellant, v. Monica LA ROTTA, Appellee.

District Court of Appeal of Florida, Fourth District.

February 8, 2006.

Attorney(s) appearing for the Case

Valerie M. Jackson, Nickolas C. Berry and James H. Wyman of Hinshaw & Culbertson, LLP., Miami, for appellant.

Marsha Brown Herbert of Marsha Brown Herbert, P.A., Lake Worth, and Rebecca J. Covey of the Law Offices of Rebecca J. Covey, P.A., Fort Lauderdale, for appellee.

FARMER, J.

In this Lemon Law case, following a decision of the Florida New Motor Vehicle Arbitration Board the manufacturer timely filed a petition in the circuit court for a trial de novo. The trial court dismissed the request on the grounds that it failed to state a cause of action. We therefore reverse the final judgment affirming the decision of the arbitration board and remand for a trial de novo.

Under section 681.1095(12), the petition need only identify...

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