Opinion
Case No. 95-2909
Opinion filed February 13, 1997. Rehearing Denied March 10, 1997
Appeal from the Circuit Court for Orange County, John H. Adams, Judge.
Scott T. Borders of Clark, Charlton Martino, P.A., and Raymond T. Elligett, Jr. of Schropp, Buell Elligett, P.A.,Tampa, for Appellant.
Sharon Lee Stedman of Sharon Lee Stedman, P.A., and Larry M. Roth and W. Scott Powell of Roth, Edwards Smith, P.A., Orlando, for Appellees.
Robert A. Butterworth, Attorney General, and Janet L. Smith, Assistant Attorney General, Tallahassee, Amicus Curiae for Attorney General of the State of Florida.
Robert A. Graham, Washington, D.C., Amicus Curiae for Center for Auto Safety, Consumers for Auto Reliability and Safety, and Florida Public Interest Research Group.
Porsche obtained a directed verdict in its favor in Mason's action against it under Florida's "lemon law." That issue was appealed to this court in Case No. 95-992. Subsequent to the directed verdict, the trial court awarded Porsche $76,914.07 in costs and attorney's fees "[p]ursuant to the Final Judgment [previously] entered by this Court . . . ." That Final Judgment has now been reversed by this court and remanded for a new trial. See Mason v. Porsche Cars of North America, Inc., 1997 W.L. 14227 (Fla. 5th DCA January 17, 1997). Therefore, the award of costs and fees based on the reversed judgment is also reversed.
REVERSED AND REMANDED.
COBB and GOSHORN, JJ., concur.