4D04-4430-Fischetti v. American Isuzu Motors, Inc.

State: Florida

Court: Florida Fourth District Court

Docket No: 4D04-4430

Case Date: 12/07/2005

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT July Term 2005 MICHAEL FISCHETTI and THERESA D. FISCHETTI, Appellants, v. AMERICAN ISUZU MOTORS, INC., Appellee. No. 4D04-4430 [ December 7, 2005 ] TAYLOR, J. The consumers appeal a summary judgment in favor of the manufacturer of a new motor vehicle on their claims under the Lemon Law, the Magnuson-Moss Warranty Act (MMWA), and the common and other laws. They argue that the record does not support the summary judgment resolving all claims in favor of the manufacturer. We agree and reverse, in part. Initially, we note that the consumers' claim for a replacement or refund under section 681.104 of the Lemon Law was first submitted to arbitration under the manufacturer's established procedure by "BBB Autoline," a program administered by the Better Business Bureau (BBB). See

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