Miller v. Lake Car Sales, Inc.

After a bench trial, the circuit court found in favor of the plaintiff on the plaintiff’s claim for breach of express warranty under the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act. The Act contains a provision for the recovery of attorney fees but the trial court denied plaintiff’s oral motion to file a fee petition and awarded plaintiff $600 in attorney fees and $394 in costs. Plaintiff appealed, arguing that the trial court abused its discretion in denying plaintiff’s motion to file a petition for attorneys fees and costs. The appellate court agreed, finding that the trial court abused its discretion and remanding for the court to allow plaintiff to file a fee petition. (McLAREN and HUTCHINSON, concurring)