MALCOLM H. FRIEDMAN, APPELLANT,
v.
FORD MOTOR COMPANY, A DELAWARE CORPORATION, AUSTIN FORD, INC., A FLORIDA CORPORATION, AND DEEL MOTORS, INC., A FLORIDA, CORPORATION, APPELLEES

Fla. 3d DCA | 1965-10-26
No. 65-91
Before HENDRY, C. J., and TILLMAN PEARSON and SWANN, JJ.
179 So. 2d 371 Florida District Court of Appeal, Third District (1965) Negative Treatment
Cited by 11 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed, on the authority of Rozen v. Chrysler Corporation, Fla.App.1962, 142 So.2d 735.

*372TILLMAN PEARSON, Judge

(concurring specially).

While I concur that this appeal is properly affirmed upon the holding in Rozen v. Chrysler Corp., Fla.App.1962, 142 So.2d 735, I feel that I should note that I have serious doubts concerning the apparent statement in the Rozen case that all implied warranties can be eliminated by a provision in a written warranty that all other warranties are eliminated. See Corneli Seed Co. v. Ferguson, Fla.1953, 64 So.2d 162, and Sperry Rand Corp. v. Industrial Supply Corp., 337 F.2d 363 (5th Cir.1964) [Applying Florida law]. It is my view that public policy will require that certain warranties of dangerous instrumentalities, such as automobiles, exist, even in the face of a general statement that no warranties are given. See Browne v. Fenestra, Inc., 375 Mich. 566, 134 N.W.2d 730 (1965); Hennington v. Bloomfield Motors, 32 N.J. 358, 161 A.2d 69, 75 A.L.R.2d 1 (1960); and Jarnot v. Ford Motor Co., 191 Pa.Super. 422, 156 A.2d 568 (1959).

Concurrence
TILLMAN PEARSON, Judge

TILLMAN PEARSON, Judge

(concurring specially).

While I concur that this appeal is properly affirmed upon the holding in Rozen v. Chrysler Corp., Fla.App.1962, 142 So. 2d 735, I feel that I should note that I have serious doubts concerning the apparent statement in the Rozen case that all implied warranties can be eliminated by a provision in a written warranty that all other warranties are eliminated. See Corneli Seed Co. v. Ferguson, Fla.1953, 64 So. 2d 162, and Sperry Rand Corp. v. Industrial Supply Corp., 337 F. 2d 363 (5th Cir.1964) [Applying Florida law]. It is my view that public policy will require that certain warranties of dangerous instrumentalities, such as automobiles, exist, even in the face of a general statement that no warranties are given. See Browne v. Fenestra, Inc., 375 Mich. 566, 134 N.W. 2d 730 (1965); Hennington v. Bloomfield Motors, 32 N.J. 358, 161 A. 2d 69, 75 A.L.R.2d 1 (1960); and Jarnot v. Ford Motor Co., 191 Pa.Super. 422, 156 A. 2d 568 (1959).

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Gable v. Silver, 258 So. 2d 11 (Fla. 4th DCA 1972)
    …a declined to impose an implied warranty and gave full effect to the express disclaimer of implied warranties present in the express warranty. Rozen v. Chrysler Corporation, Fla.App.1962, 142 So. 2d 735; Friedman v. Ford Motor Company, Fla.App.1965, 179 So. 2d 371. Then came the landmark case of Manheim v. Ford Motor Company, Fla.1967, 201 So. 2d 440. Manheim, the car buyer, sued Ford for breach of implied warranty. There was an express warranty, containing a disclaimer of implied warranties, between Ford an…
  • Manheim v. Ford Motor Co., 201 So. 2d 440 (Fla. 1967)
    …The trial court granted motion for summary judgment in favor of Ford. Man-heim appealed. The District Court affirmed per curiam “upon authority of Rozen v. Chrysler Corp., Fla.App.1962, 142 So. 2d 735, and Friedman v. Ford Motor Co., Fla.App.1965, 179 So. 2d 371. We have jurisdiction of the cause due to the certification of the District Court of Appeal, Third District. Our study of the issues and merits of the cause and the controlling authorities brings us to the conclusion the express written warranty o…
  • Desandolo v. F & C Tractor & Equip. Co., 211 So. 2d 576 (Fla. 4th DCA 1968)
    …fter a reading not only of that decision (including footnotes) but also of the comments of Judge Carroll in Manheim v. Ford Motor Company, Fla.App.1967, 194 So. 2d 54 and the comments of Judge Pearson in Friedman v. Ford Motor Company, Fla.App.1965, 179 So. 2d 371. It can, therefore, safely be said that Manheim v. Ford Motor Company decided by the Florida Supreme Court overruled Rozen v. Chrysler and the cases relying thereon. The point is, however, that the court in Manheim v. Ford Motor Company, supra, did…

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