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DUFRESNE v. DAIMLERCHRYSLER CORP.

No. 2D05-5118.

975 So.2d 555 (2008)

Norman DUFRESNE, Appellant, v. DAIMLERCHRYSLER CORP., Appellee.

District Court of Appeal of Florida, Second District.

February 8, 2008.

Attorney(s) appearing for the Case

Theodore F. Greene, III, of Law Offices of Theodore F. Greene, LC, Orlando, and Alex D. Weisberg of Krohn & Moss, Ltd., Sunrise, for Appellant.

John J. Glenn, Benjamin C. Moore, and E. Holland Brabham of AndersonGlenn, LLC, Ponte Vedra Beach, for Appellee.

KELLY, Judge.

Norman Dufresne appeals from the trial court's order denying him attorney's fees and costs under the federal Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301-2312 (MMWA). The trial court found that because Dufresne settled pursuant to an offer of judgment he could not be considered a "prevailing party" and was therefore precluded from seeking statutorily authorized attorney's fees. We disagree and therefore...

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