SAN MARTIN v. DAIMLERCHRYSLER CORP.

Nos. 3D05-2573, 3D05-2026.

983 So.2d 620 (2008)

Hugo SAN MARTIN & Mark Nelson, Appellants, v. DAIMLERCHRYSLER CORPORATION, Appellee.

District Court of Appeal of Florida, Third District.

April 23, 2008.


Attorney(s) appearing for the Case

Krohn & Moss, and Theodore Greene, and Alex D. Weisberg, and Eric Karch; Scott Cohen, for appellants.

Anderson Glenn, and John J. Glenn, Ponte Vedra Beach and E. Holland Brabham, for appellee.

Before GERSTEN, C.J., and RAMIREZ and SHEPHERD, JJ.


SHEPHERD, J.

In these two consolidated cases, we are asked to decide whether a plaintiff-consumer, who accepts an offer of judgment made by a defendant-manufacturer in a Magnuson Moss Warranty Act (the Act) action expressly reserving to the plaintiff his right to seek an attorney fee award pursuant to the Act, has attained a sufficient level of success in the litigation to entitle him to seek a fee award under the Act. More exactingly stated, the question posed is...

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