Florida District Courts of Appeal, 2012

Maerz v. DAIMLER CHRYSLER FINANCIAL TRUST

Florida District Courts of Appeal · Decided February 3, 2012 · Griffin, Monaco, Sawaya

78 So. 3d 724; 2012 WL 315871; 2012 Fla. App. LEXIS 1385 (Southern Reporter, Third Series)

Opinion of the Court

PER CURIAM.

We affirm the Order under review, see Rosado v. DaimlerChrysler Fin. Servs. Trust, 1 So.3d 1200 (Fla. 2d DCA 2009), review granted, No. SC09-390 (Fla. Nov. 9, 2011), and certify the following question as a matter of great public importance:

DOES THE GRAVES AMENDMENT, 49 U.S.C. § 30106, PREEMPT SECTION 324.021(9)(b)l., FLORIDA STATUTES?

AFFIRMED; QUESTION CERTIFIED.

SAWAYA and MONACO, JJ., concur. GRIFFIN, J., concurs in part and dissents in part, with opinion.

Concurring in Part

GRIFFIN, J.,

concurring in part, dissenting in part.

For what it is worth, I agree with Judge Altenbernd’s dissent on the preemption issue in the Rosado case.

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