DONALD D. DAVIS, JR., APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (16 total)

• Philippe H. Moransais v. Heathman, 744 So. 2d 973 (Fla. 1999)
  …the wisdom of Sandarae and whether the provisions of chapter 471 should require a different result. The trial court also indicated that it would have preferred to follow the Fifth District’s holding in Southland Construction, Inc. v. Richeson Corp., 642 So. 2d 5 (Fla. 5th DCA 1994), that section 471.023, Florida Statutes (1993), creates a private cause of action for negligence against an individual professional engineer and that such a claim is not barred by the economic loss rule. On appeal, the Second Di…
• Indem. Ins. Co. OF N. Am. v. Am. Aviation, Inc., 891 So. 2d 532 (Fla. 2004)
  …iver, 476 U.S. at 867, 106 S.Ct. 2295; see also Comptech, 753 So. 2d at 1219 (concluding that computers placed in the warehouse were not an integral part of the product and were therefore “other property”); Southland Constr., Inc. v. Richeson Corp., 642 So. 2d 5 (Fla. 5th DCA 1994) (concluding that “other structures” not involved in the building project that were damaged by the failure of the retaining wall, i.e., the adjoining pool deck and a different wall, were other property). We also reaffirm that in…
• Williams v. Bear Stearns & Co., 725 So. 2d 397 (Fla. 5th DCA 1998)
  ….3 See, e.g., Pearson v. Ford Motor Co., 694 So. 2d 61, 69 (Fla. 1st DCA 1997) (“The economic loss doctrine precludes parties to a contract to recover economic damages resulting from a breach of contract.”); Southland Constr. Inc. v. Richeson Corp., 642 So. 2d 5 (Fla. 5th DCA 1994) (economic loss rule does not bar tort claims where there is no contract between the parties). [*400] Accordingly, we find that the lower court erred in dismissing Appellant’s tort claims under the economic loss rule. II. UNJUST…

Authorities Cited

• Sanders v. State, 621 So. 2d 723 (Fla. 5th DCA 1993)