Florida's Second District Court of Appeal, 811 E Main St, Lakeland. Credit: Google Magnuson-Moss Warranty Act Suit Against Hyundai Gets Green Light
"In this case, the circuit court's ruling effectively and illogically prevented Mack from considering or rejecting settlement offers intended to avoid litigation if she wanted to retain her right to proceed with litigation under the Act," Judge Stevan T. Northcutt wrote on behalf of the unanimous panel. "Manifestly, nothing in the language of the statue prohibits a party from entertaining or rejecting settlement offers as a condition precedent to suit. Thus, the circuit court's ruling was error."
August 01, 2022 at 03:23 PM
5 minute read
Florida's Second District Court of Appeal reversed a final judgment in favor of Hyundai Motor America Corp., finding the circuit court below erred when it concluded the plaintiff failed to give the automaker a reasonable opportunity to resolve the issue before filing suit under the Magnuson-Moss Warranty Act.
Plaintiff Alexis Mack bought a new 2016 Hyundai Sonata from Hyundai of New Port Richey in December 2015. Shortly after her purchase, her check engine light came on, and she contacted Hyundai directly through the Service Link system programmed into her vehicle to set up an appointment, the decision said.
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