Supreme Court of Florida

Edmund Mady v. Daimlerchrysler Corporation — Canady, J., Dissenting

March 24, 201136 Fla. L. Weekly Supp. 117

Summary

The dissent would affirm the Fourth District’s decision denying attorney fees because a private settlement accepted under Florida’s offer-of-judgment procedure did not make the consumer a prevailing party under the MMWA. It reasons that prevailing-party status requires court-awarded relief or a judicially sanctioned change in the parties’ legal relationship, and that the MMWA permits fees only as part of a judgment granting other relief.