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Florida Eastern Properties, Inc. v. Southeast Commercial Developers, Inc.

Citations: 479 So. 2d 793; 10 Fla. L. Weekly 2574; 1985 Fla. App. LEXIS 16987Docket: Nos. 84-1673, 85-116

Court: District Court of Appeal of Florida; November 20, 1985; Florida; State Appellate Court

Narrative Opinion Summary

The court affirms the decision in Conklin v. Hurley, 428 So.2d 654 (Fla. 1983). It certifies a question of significant public interest to the Florida Supreme Court: whether implied warranties of fitness and merchantability apply to first purchasers of commercial real estate from developers. The ruling is affirmed with concurrence from Judges Cobb, Orfinger, and Sharp.

Legal Issues Addressed

Affirmation of Lower Court Rulings

Application: The court upholds the decision in the case of Conklin v. Hurley, affirming the ruling of the lower court.

Reasoning: The court affirms the decision in Conklin v. Hurley, 428 So.2d 654 (Fla. 1983).

Certification of Question of Public Interest

Application: The court certifies a question to the Florida Supreme Court due to its significant public interest.

Reasoning: It certifies a question of significant public interest to the Florida Supreme Court: whether implied warranties of fitness and merchantability apply to first purchasers of commercial real estate from developers.

Implied Warranties in Commercial Real Estate

Application: The court addresses whether implied warranties of fitness and merchantability extend to first purchasers of commercial real estate from developers.

Reasoning: It certifies a question of significant public interest to the Florida Supreme Court: whether implied warranties of fitness and merchantability apply to first purchasers of commercial real estate from developers.