WEBB GENERAL CONTRACTING, INC., A FLORIDA CORPORATION, AND FIDELITY AND DEPOSIT COMPANY OF MARYLAND, APPELLANTS,

v.

BENSON ELECTRIC, INC., A FLORIDA CORPORATION, APPELLEE

Citator

Cited By

• Monsanto Agric. Prods. Co. v. Clinch Edenfield, 426 So. 2d 574 (Fla. 1st DCA 1982)
  …conspicuous under the definition of the statute. Whether it is conspicuous is a decision for the court, not the jury. A trial court determination of conspicuousness is reviewable by this court. See Rudy’s Glass Construction Co. v. E.F. Johnson Co., 404 So. 2d 1087 (Fla. 3d DCA 1981). While it is true that a determination of conspicuousness will ordinarily be made by the trial court first, we declined to remand this case to allow such determination because the trial judge’s ruling would be ultimately reviewabl…
• McCORMICK Mach., Inc. v. Julian E. Johnson & Sons, Inc., 523 So. 2d 651 (Fla. 1st DCA 1988)
  …: “Seller makes no warranty express or implied, with respect to the property and Buyer accepts delivery thereof under the warranty (if any) of the manufacturer only.” While this disclaimer is conspicuous, Rudy’s Glass Const. Co. v. E.F. Johnson Co., 404 So. 2d 1087 (Fla. 3rd DCA 1981), and Monsanto Agr. Products Co. v. Edenfield, 426 So. 2d 574 (Fla. 1st DCA 1982), it fails to mention “merchantability.” The issue, then, is whether this omission renders the attempted disclaimer ineffective. We conclude that it…
• Belle Plaza Condo. Ass'n, Inc. v. B.C.E. Dev., Inc., 543 So. 2d 239 (Fla. 3d DCA 1989)
  …E. properly disclaimed by a bold and conspicuous disclaimer any and all express or implied warranties. See Meeting Makers, Inc. v. American Airlines, Inc., 513 So. 2d 700 (Fla. 3d DCA 1987); Rudy’s Glass Construction Company v. E.F. Johnson Company, 404 So. 2d 1087 (Fla. 3d DCA 1981). The trial court correctly granted B.C.E.’s Motion for Summary Judgment on the Association’s tort claims set out in Counts II and III of the Amended Complaint because the Association sought to recover for purely economic loss and…

Authorities Cited

• Shaw v. Shaw, 334 So. 2d 13 (Fla. 1976)
• Bradford Builders, Inc. v. Dep't OF Water & Sewers OF the City OF Miami, 142 So. 2d 137 (Fla. 3d DCA 1962)