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MERCEDES-BENZ USA, LLC v. POPHAM

No. 4D09-3300.

65 So.3d 47 (2011)

MERCEDES-BENZ USA, LLC, Appellant, v. David POPHAM, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 26, 2011.

Attorney(s) appearing for the Case

Robert F. McLaughlin of Hinshaw & Culbertson, L.L.P., Tampa, for appellant.

David B. Shelton , Charles P. Mitchell and Steven I. Klein of Rumberger, Kirk & Caldwell, P.A., Orlando, for Amicus Curiae Alliance of Automobile Manufacturers, Inc.

Patrick St. George Cousins of Cousins Law Firm, P.A., West Palm Beach, for appellee.

TOWBIN SINGER, MICHELE, Associate Judge.

Mercedes-Benz USA, LLC ("MBUSA") appeals the trial court's order awarding attorney's fees to David Popham ("Popham"), pursuant to section 681.112, Florida Statutes (2010). The underlying facts are as follows: Popham had purchased a new Mercedes-Benz from MBUSA. The car was subsequently declared a "lemon" by the Florida Motor Vehicle Arbitration Board. Neither party appealed the board's decision and Popham received a refund...

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