Ocana v. Ford Motor Co.

992 So. 2d 319, 2008 Fla. App. LEXIS 15127, 2008 WL 4412454
CourtDistrict Court of Appeal of Florida
DecidedOctober 1, 2008
Docket3D07-82
StatusPublished
Cited by35 cases

This text of 992 So. 2d 319 (Ocana v. Ford Motor Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ocana v. Ford Motor Co., 992 So. 2d 319, 2008 Fla. App. LEXIS 15127, 2008 WL 4412454 (Fla. Ct. App. 2008).

Opinion

992 So.2d 319 (2008)

Richard OCANA, Appellant,
v.
FORD MOTOR COMPANY, et al., Appellees.

No. 3D07-82.

District Court of Appeal of Florida, Third District.

October 1, 2008.
Rehearing Denied October 31, 2008.

*321 Consumer Legal Services and Aldo Bolliger, Richard A. Denno, Kurt D. Mitchell and Jessica M. Miles, Tampa, for appellant.

Bromagen & Rathet, Brooks Rathet, William L. Bromagen and Danielle Robinson, Fort Lauderdale, for appellee, Ford Motor Company.

*322 Before GREEN, SHEPHERD, and LAGOA, JJ.

SHEPHERD, J.

We have for review the dismissal with prejudice of a complaint for breach of express and implied warranty, brought under the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301-2312 (1976) (MMWA or the Act), by automotive vehicle lessee, Richard Ocana, against his leasing dealership, Warren Henry Automobiles, Inc., and the manufacturer, Ford Motor Company. The trial court dismissed the complaint against Warren Henry on the ground that Warren Henry did not extend an express written warranty to Ocana, and that Warren Henry properly had disclaimed all implied warranties. The court dismissed Ocana's express warranty claim against Ford Motor Company for failure of Ocana to state a cause of action, and the implied warranty claim on the ground of lack of privity under state law. Our study of the trial court order and the relevant law leads us to affirm the decision.

FACTUAL AND PROCEDURAL HISTORY

On August 3, 2005, Ocana entered into an agreement to lease a new 2006 Land Rover from Warren Henry for thirty-six months. The vehicle was delivered with a New Vehicle Limited Warranty from the manufacturer, Ford Motor Company. Subject to certain exclusions, the warranty covered the vehicle for four years or 50,000 miles, whichever came first. It entitled Ocana to repairs and part replacements to correct defects in materials or workmanship at no cost whenever he brought the vehicle to an authorized repair facility during the repair period.

The lease agreement contained no warranty. Instead, in Paragraph 12, the lease contained the following disclaimer:

WARRANTIES

If the vehicle is new, it is covered by the standard manufacturer's new vehicle warranty.... We assign to you all rights we have under any of these warranties. You acknowledge that you have received a copy of the indicated warranties.
You expressly agree and understand that you have selected and agreed to lease the Vehicle "AS IS." WE MAKE NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED AS TO THE VEHICLE OR ANY PART OR ACCESSORY THEREOF. WE MAKE NO WARRANTY OF MERCHANTABILITY OR FITNESS OF THE VEHICLE FOR ANY PARTICULAR PURPOSE OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER.

One year after Ocana entered into the lease, he sued both Warren Henry and Ford. Ocana alleged he had returned the vehicle to the dealership for repairs at least four times. Although the reasons are not explained in the record—whether dealer request or lessee failure to return for the vehicle—the four sets of Warren Henry repair records attached by Ocana to the complaint reflect that the vehicle remained at the dealership for forty-two of the approximately 365 days between the date Ocana took possession and filing suit. On the other hand, there is no allegation in the complaint that Ford either refused to repair the vehicle or otherwise failed to adequately repair the vehicle under the warranty at any time. Instead, as told to us and to the trial court below, the gravamen of the complaint in this case is that "Ford Motor Company and Warren Henry Automobiles[,] Inc. breached their express and implied warranties [under the MMWA] by failing to repair the vehicle within a reasonable amount of time or *323 reasonable number of repair attempts" within the meaning of section 2304 of the MMWA. The trial court concluded this focus of the complaint was insufficient to prosecute a MMWA claim for breach of a limited warranty, and, upon counsel's representation that he did not desire to amend his complaint on this or any other ground, dismissed the complaint with prejudice as to Ford. The dismissal of Warren Henry followed, albeit on different bases.

A. Ocana Has Failed to State a Cause of Action Against Ford Motor Company for Breach of Limited Express Warranty or Implied Warranty.

1. The Limited Express Warranty

The MMWA is designed principally to require certain disclosures with respect to written warranties to protect consumers from deceptive warranty practices arising out of state Uniform Commercial Code warranties. The Act does not wholly supplant the state Uniform Commercial Code. See Mesa v. BMW of N. Am., LLC, 904 So.2d 450, 455 (Fla. 3d DCA 2005). Nor does the Act require a manufacturer or seller to extend a written warranty with its product. 15 U.S.C. § 2302(b)(2). However, if a manufacturer or seller does so, it must "conspicuously" label the warranty "full" or "limited." 15 U.S.C. § 2303(a)(1), (2). Apparently, the Congress believed that forcing all consumer product warranties (with insignificant exceptions) into one of these two categories would, over time, beget a fixed meaning for each in the minds of consumers, enabling them to make more intelligent decisions. See 1 James J. White & Robert S. Summers, Uniform Commercial Code § 9-19 (5th ed. 2000). Finally, the Act creates a federal private cause of action for consumers damaged by the failure of a warrantor to comply with any obligation under a written warranty. 15 U.S.C. § 2310(d)(1).

If a written warranty meets certain "Federal minimum standards," the Act requires that it be labeled "a full (statement of duration) ... warranty." 15 U.S.C. § 2303(a)(1). The Federal minimum standards require the following of warrantors:

(1) such warrantor must as a minimum remedy such consumer product within a reasonable time and without charge, in the case of a defect, malfunction, or failure to conform with such written warranty;
(2) [S]uch warrantor may not impose any limitation on the duration of any implied warranty on the product;
(3) such warrantor may not exclude or limit consequential damages for breach of any written or implied warranty on such product, unless such exclusion or limitation conspicuously appears on the face of the warranty; and
(4) if the product (or a component part thereof) contains a defect or malfunction after a reasonable number of attempts by the warrantor to remedy defects or malfunctions in such product, such warrantor must permit the consumer to elect either a refund for, or replacement without charge of, such product or part (as the case may be).

15 U.S.C. § 2304(a).

In contrast, the Act is virtually silent with respect to the imposition of requirements on manufacturers or sellers who issue a "limited" warranty.

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992 So. 2d 319, 2008 Fla. App. LEXIS 15127, 2008 WL 4412454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ocana-v-ford-motor-co-fladistctapp-2008.