CENTRAL MOTOR V. SHAW

State: Florida

Court: Florida Third District Court

Docket No: 07-0765

Case Date: 01/14/2009

Preview:Third District Court of Appeal
State of Florida, January Term, A.D. 2009
Opinion filed January 14, 2009. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D07-765 Lower Tribunal No. 98-12530 ________________

Central Motor Company d/b/a Central Hyundai ,
Appellant, vs.

Earline P. Shaw,
Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Gerald D. Hubbart, Judge. Bilzin Sumberg Baena Price & Axelrod and Allen J. Smith, for appellant. Timothy Carl Blake, for appellee. Before SHEPHERD and SUAREZ, JJ., and SCHWARTZ, Senior Judge. SUAREZ, J. Central Motor Company ("Central Motor") appeals the denial of a motion for attorney's fees and costs pursuant to the offer of judgment statute, section

768.79, Florida Statutes (2007). attorney's fees and costs.

We affirm the trial court's order denying

Central Motor sold Shaw a car which was financed by Hyundai Motor Finance Company ("Hyundai Finance") through a retail installment sales contract. Shaw sued both Central Motor and Hyundai Finance for unfair and deceptive trade practices. She alleged that both companies acted in concert by failing to inform her of the rates and terms of the loan, which were higher than the normal buy-rate. In February, 2004, Central Motor sent a Proposal for Settlement in which it offered Shaw $1,000.00 in exchange for a voluntary dismissal with prejudice of the action against Central Motor. Shaw did not accept. On October 4, 2006, with the knowledge of Central Motor, Shaw and Hyundai Finance entered into a settlement agreement whereby Hyundai Finance and Shaw stipulated that Hyundai Finance would pay a total of $10,000.00 to Shaw and her attorney, to be divided equally, and that Shaw would voluntarily dismiss with prejudice her lawsuit against both Hyundai Finance and Central Motor. 1 Hyundai Finance paid the $10,000.00 to

Shaw, and Shaw voluntarily dismissed with prejudice her lawsuit as stipulated. After the voluntary dismissal with prejudice was taken, Central Motor filed a

1

Both Hyundai Finance and Central Motor received complete releases from Shaw. 2

Supplementary Motion for Attorney's Fees and Costs pursuant to the offer of judgment statute. See

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