Hargrett v. Toyota Motor Sales U.S.A., Inc.

KLEIN, Judge.

Petitioner obtained a favorable result in an arbitration pursuant to Florida’s Lemon Law, Chapter 681 of the Florida Statutes (1995) and respondent Toyota filed a petition in the circuit court to review that result, seeking a trial de novo. Petitioner interprets a non-final order denying her motion to dismiss or strike in the circuit court proceeding as placing the burden of proof on her in the circuit court proceeding, and argues that this is a departure from the essential requirements of law because the burden of proof in Lemon Law cases being reviewed in the circuit court is…