Cano v. Hyundai Motor America, Inc.

This is an appeal from a final judgment awarding attorney’s fees and costs to the Appellee, Hyundai Motor America, Inc., pursuant to section 768.79, Florida Statutes and Florida Rule of Civil Procedure 1.442.The Appellant, Daila Cano, contends that the award was improper because Hyundai’s joint settlement offer failed to satisfy section 768.79 and rule 1.442’s apportionment requirement. We agree and reverse.

Daila Cano and Guillermo Cano purchased from Hyundai a 2000 Hyundai Accent. After taking possession of the car, the Canos experienced various operating defects. Due to these defects, the…