376 So.2d 243 (Fla.App. 3 Dist. 1979), 78-1998, Gulfstar, Inc. v. Advance Mortg. Corp.

Docket Nº:78-1998.
Citation:376 So.2d 243
Party Name:GULFSTAR, INC. and Steven B. Lazzara, jointly and severally, Appellants, v. ADVANCE MORTGAGE CORPORATION, Appellee.
Case Date:September 18, 1979
Court:Florida Court of Appeals, Third District
 
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Page 243

376 So.2d 243 (Fla.App. 3 Dist. 1979)

GULFSTAR, INC. and Steven B. Lazzara, jointly and severally, Appellants,

v.

ADVANCE MORTGAGE CORPORATION, Appellee.

No. 78-1998.

Florida Court of Appeals, Third District.

September 18, 1979

Rehearing Denied Nov. 13, 1979.

Page 244

Robert F. Nunez and James E. Deakyne, Jr., St. Petersburg, for appellants.

William A. Ingraham, Jr. and Bertram Sapurstein, Miami, for appellee.

Before PEARSON, BARKDULL and HUBBART, JJ.

BARKDULL, Judge.

Gulfstar, Inc. and its vice-president, Steven B. Lazzara (the only remaining defendants), 1 appeal a final judgment awarding a finance company $102,900.00 on an alleged negligence claim, finding no negligence on the part of the plaintiff, Advance Mortgage Corporation (hereinafter referred to as "Advance").

From the record, it appears that Gulfstar, which is in the business of manufacturing yachts, sold the "Yankee Doll" and the "Windsong" to Charles Underwood, d/b/a Underwood Marine (hereinafter referred to as "Underwood"), who is a boat dealer. Underwood then sold these boats to Underwood Marine Corporation (hereinafter referred to as "Marine Corp."), with the latter financing the purchase price through Advance. Marine Corp. is Not a boat dealer, but rather primarily a real estate holding company.

In April of 1974, Gulfstar sold the "Yankee Doll" to Underwood and was paid in full, whereupon Gulfstar sent to Underwood

Page 245

the Manufacturer's Statement of Origin (MSO) and the Master Carpenter's Certificate (MCC). Underwood then informed Gulfstar that the MSO and the MCC had been lost, and requested new ones; Gulfstar sent duplicates of the originals, but the papers were not marked as duplicates. Five weeks later, Gulfstar received a letter from Advance, whereby Advance notified Gulfstar that it had a lien on the yacht by buying the retail installment contract between Underwood and Marine Corp., and requested that Gulfstar notify it of any requests for additional certificates. Gulfstar did not receive any additional requests from Underwood in reference to the "Yankee Doll" after the letter from Advance and it did not notify Advance of the previous request and issuance of the duplicates.

The transactions concerning the "Windsong" occurred in September of 1974. Early in that month, Advance notified Gulfstar that it also had a lien on this yacht and asked that no duplicate...

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