Bland v. Ford Motor Credit Corp.

District Court of Appeal of Florida

Bland v. Ford Motor Credit Corp.

585 So. 2d 1095, 1991 WL 174608

District Court of Appeal of Florida·Decided September 11, 1991·No. No. 91-0495·Published

Opinion

PER CURIAM.

We affirm a final summary judgment in favor of the defendant, Ford Motor Credit Corporation. Subsection 324.021, Florida Statutes, is constitutional. Abdala v. World Omni Leasing, Inc., 583 So.2d 330 (Fla.1991).

Additionally, the statute applies regardless of the fact that the automobile lease in question was executed prior to the adoption of the statute. The date of the accident is the operative date in determining the statute’s applicability. The cause of action the statute addresses is a tort action, not a contract/lease action. Id. Berwald v. General Motors Acceptance Corp., 570 So.2d 1109 (Fla. 5th DCA 1990). See also Abdala, footnote 1 at 332.

HERSEY, STONE and GARRETT, JJ., concur.

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PER CURIAM.

We affirm a final summary judgment in favor of the defendant, Ford Motor Credit Corporation. Subsection 324.021, Florida Statutes, is constitutional. Abdala v. World Omni Leasing, Inc., 583 So.2d 330 (Fla.1991).

Additionally, the statute applies regardless of the fact that the automobile lease in question was executed prior to the adoption of the statute. The date of the accident is the operative date in determining the statute’s applicability. The cause of action the statute addresses is a tort action, not a contract/lease action. Id. Berwald v. General Motors Acceptance Corp., 570 So.2d 1109 (Fla. 5th DCA 1990). See also Abdala, footnote 1 at 332.

HERSEY, STONE and GARRETT, JJ., concur.

Bland v. Ford Motor Credit Corp., 585 So. 2d 1095, 1991 WL 174608 (Fla. Ct. App. 1991).

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Opinion

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