548 So.2d 870 (Fla.App. 1 Dist. 1989), 87-726, Warren v. Monahan Beaches Jewelry Center, Inc.
|Citation:||548 So.2d 870, 14 Fla. L. Weekly 2165|
|Party Name:||Laneya WARREN, Appellant, v. MONAHAN BEACHES JEWELRY CENTER, INC., Appellee.|
|Case Date:||September 13, 1989|
|Court:||Florida Court of Appeals, First District|
Michael E. Seelie of Michael E. Seelie, P.A., Jacksonville, for appellant.
Kurt Andrew Simpson of Kurt Andrew Simpson, P.A., Jacksonville Beach, for appellee.
This cause is before us on appeal from an order dismissing a second amended complaint, stating in six counts: breach of contract, concealment/misrepresentation, breach of implied warranty of merchantability, civil theft, and deceptive and unfair trade practices.
The facts as stated in the second amended complaint are as follows.
1. At all times material hereto, the Defendant, MONAHAN BEACHES JEWELRY CENTER, INC., a corporation, was licensed to do business and conducting business at or near 619 Atlantic Boulevard, Atlantic Beach, Duval County, Florida, as a jewelry store.
2. At all times material hereto, the Plaintiff, LANEYA WARREN, was the close and steady girlfriend of Jay Andresen, the two having dated no one else for several months and having set up their household prior to the incident of December 23, 1985.
3. On or about December 23, 1985, the Plaintiff's then fiance, Jay Andresen, purchased from the Defendant, MONAHAN BEACHES JEWELRY CENTER, INC., what was represented by the Defendant to be a diamond ring, stock number DR557, for the purchase price of [$3,974.25]. Mr. Andresen consummated the contract between he and the Defendant, MONAHAN BEACHES JEWELRY CENTER, INC., by paying the Defendant a $1,000.00 binder. Within 48 hours thereafter, the Plaintiff's then fiance, Jay Andresen, paid the balance to the Defendant for the purchase of the ring and the Defendant tendered the ring.
4. On the dates immediately prior to December 25, 1985, when the ring was given to the Plaintiff, her then fiance, Jay Andresen, made contact with the Defendant, and the Defendant and he discussed the ring, its size, type and style for the Plaintiff, LANEYA WARREN. At said times and places, the Defendant, from the above discussions knew that the ring was specifically for the Plaintiff, LANEYA WARREN, and the Defendant, as salesmen will, also made suggestions as to what the Plaintiff would be pleased with or displeased with in the diamond ring.
5. On or about December 25, 1985, Jay Andresen gave to the Plaintiff, LANEYA WARREN, the ring as Christmas gift and a symbol of their engagement.
6. Shortly after receiving the ring, the Plaintiff was displaying it to her friends when she noticed a small, slight chip in the stone...
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