BMW of North America, Inc. v. Krathen

471 So. 2d 585 (1985)

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BMW of North America, Inc. v. Krathen

Florida Court of Appeal
471 So. 2d 585 (1985)

Facts

The Krathens (plaintiffs) sued BMW of North America, Inc. (BMW) (defendant) for breach of warranty after BMW sold them a car with an irreparable shimmy in the front end. In response, BMW sent an offer of judgment to the Krathens for $20,500 plus reasonable attorney’s fees and costs. The offer did not mention that BMW expected the Krathens to return the vehicle. The Krathens accepted the offer, and the clerk of court entered the consent judgment against BMW. When the Krathens did not return the vehicle, BMW filed a motion for relief from judgment, arguing that its failure to mention the return of the vehicle in the offer of judgment was due to mistake, inadvertence, or excusable neglect by its counsel. The trial court denied the motion, and BMW appealed.

Rule of Law

Issue

Holding and Reasoning (Hurley, J.)

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