Narrative Opinion Summary
Final summary judgment is affirmed in favor of Ford Motor Credit Corporation. The court finds that subsection 324.021 of the Florida Statutes is constitutional, referencing Abdala v. World Omni Leasing, Inc. Furthermore, the statute is applicable even if the automobile lease was executed before the statute's adoption; the date of the accident determines the statute's applicability. The statute specifically addresses tort actions rather than contract or lease actions, as clarified in Berwald v. General Motors Acceptance Corp. and further supported by Abdala. Justices HERSEY, STONE, and GARRETT concur with the decision.
Legal Issues Addressed
Applicability of Florida Statutes Subsection 324.021 to Pre-Adoption Leasessubscribe to see similar legal issues
Application: The statute applies to tort actions arising from accidents occurring after its adoption, regardless of when the automobile lease was executed.
Reasoning: The statute is applicable even if the automobile lease was executed before the statute's adoption; the date of the accident determines the statute's applicability.
Constitutionality of Florida Statutes Subsection 324.021subscribe to see similar legal issues
Application: The court upholds the constitutionality of subsection 324.021 of the Florida Statutes, aligning with the precedent set by Abdala v. World Omni Leasing, Inc.
Reasoning: The court finds that subsection 324.021 of the Florida Statutes is constitutional, referencing Abdala v. World Omni Leasing, Inc.
Scope of Florida Statutes Subsection 324.021 in Tort Actionssubscribe to see similar legal issues
Application: The statute is clarified to specifically address tort actions and not contract or lease actions, as supported by Berwald v. General Motors Acceptance Corp.
Reasoning: The statute specifically addresses tort actions rather than contract or lease actions, as clarified in Berwald v. General Motors Acceptance Corp. and further supported by Abdala.