Gable v. Silver
| Decision Date | 05 July 1972 |
| Docket Number | No. 42149,42149 |
| Citation | 264 So.2d 418 |
| Parties | David GABLE, Petitioner, v. David SILVER et al., Respondents. |
| Court | Florida Supreme Court |
Writ of Certiorari to the District Court of Appeal, Fourth District.
Earl Faircloth and Robert M. Sturrup, of Faircloth, Sturrup & Della-Donna, Fort Lauderdale, for petitioner.
Merle Litman, of Litman & Muchnick, Hollywood, for respondents.
This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, Fourth District, reported at 258 So.2d 11. The District Court has certified its decision as one passing on a question of great public interest, to-wit:
'Do implied warranties of fitness and merchantability extend to the purchasers of new condominium homes from buildersellers.'
After argument and upon consideration of the record and briefs, we hold that the District Court of Appeal has correctly decided the cause and its decision is adopted as the ruling of this Court.
Accordingly, certiorari is discharged.
It is so ordered.
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Conklin v. Hurley
... ... to Carriage Hill an implied warranty of fitness covering the collapsed seawall abutting their lots is a reasonable extension of the holding of Gable v. Silver, 258 So.2d 11 (Fla. 4th DCA), cert. dismissed, 264 So.2d 418 (Fla.1972). 1 Evaluation of this argument requires, first, that we examine ... ...
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...Inv. Fund, Ltd., 552 So. 2d 228, 232 (Fla. 5th D.C.A. 1989). (36) Gable v. Silver, 258 So. 2d 11, 17-18 (Fla. 4th D.C.A. 1972), aff"d, 264 So. 2d 418 (Fla. (37) See FLA. STAT. [section]672.315 (2008). (38) Lonnie D. Adams Bldg. Contractor; Inc. v. O'Connor, 714 So. 2d 1178, 1179 (Fla. 2d D.......
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Chapter 161, HB 1013 – An act relating to residential construction warranties; creating s. 553.835, F.S.; providing legislative findings; providing legislative intent to affirm the limitations to the doctrine or theory of implied warranty of fitness and merchantability or habitability associated with the construction and sale of a...
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