Bull Motors, LLC v. Borders
Bull Motors, LLC v. Borders
Opinion of the Court
Bull Motors, LLC, doing business as Maroone Ford of Miami (Maroone), appeals an award of attorney’s fees and costs totaling $62,000.00 in a consumer arbitration case in which the appellee, Ms. Borders, was awarded $5,626.00. We affirm.
The arbitrator found that Maroone had violated the Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
On appeal, Maroone argues that (1) Maroone prevailed on some of Ms. Borders’ claims, such that an evidentiary hearing and a reduction were required, and (2) the trial court erred in refusing to consider an early settlement proposal by Maroone that exceeded Ms. Borders’ ultimate recovery. On Maroone’s first point, however, the transcript of the attorney’s fee hearing demonstrates that the parties submitted, and the court considered, competent substantial evidence (expert witness deposition transcripts, hourly time records, and hourly fees for similar cases). The court reduced the claim for attorney’s fees by over one-half.
Maroone’s second argument is also unpersuasive. Maroone’s offers of judgment addressed Ms. Borders’ claim for equitable relief as well as her claims for damages. The offer of judgment statute, section 768.79, Florida Statutes (2007), does not apply to cases that, as here, involve a general offer seeking release of all claims in the case, both equitable and monetary. Diamond Aircraft Indus., Inc., 107 So.3d at 374.
For these reasons, we affirm the trial court’s orders awarding attorney’s fees and costs to Ms. Borders.
. §§ 501.201-.213, Fla. Stat. (2007).
. § 501.2105, Fla. Stat. (2007).
. For example, over 100 hours of Ms. Borders’ counsel’s tíme expended in opposing arbitration and in unsuccessfully appealing that issue to this Court (Borders v. Bull Mo
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