LAWRENCE LORENZO MALPHUS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Rostocki v. Sw. Fla. Blood Bank, Inc., 276 So. 2d 475 (Fla. 1973)
  …rt is quashed and the cause remanded to said Court for further proceedings not inconsistent with the holding herein. It is so ordered. ROBERTS, Acting C. J., and ERVIN and McCAIN, JJ., concur. DEKLE, J., dissents. . 154 So. 2d 169 (Fla.1963). . 257 So. 2d 51 (Fla.App.3rd 1972). . Community Blood Bank, Inc. v. Russell, 196 So. 2d 115 (Fla.1967) ; Mercy Hospital, Inc. v. Benitez, 257 So. 2d 51 (Fla.App.3rd 1972) ; White v. Sarasota County Public Hospital Board, 206 So. 2d 19 (Fla.App.2d 1968), and Hoder…

  ← 1 / 2 →
• Faye Williamson v. Mem'l Hosp. OF BAY Cnty., 307 So. 2d 199 (Fla. 1st DCA 1975)
  …ial blood bank. Thus, Russell and Hoder, supra, both stood for the proposition that while a blood bank could be held for breach of implied warranty, a hospital could not be so held. In Mercy Hospital, Inc. d/b/a Mercy Hospital Blood Bank v. Benitez, 257 So. 2d 51 (Fla.App.1972), the court analogized a blood bank established by a hospital with a commercial blood bank and held that it was liable under the implied warranty doctrine. Holding that the transaction was a sale and not a service, the court in Benitez…
• Thornton Lewis v. Associated Med. Insts., Inc., 345 So. 2d 852 (Fla. 3d DCA 1977)
  …argument that the proper date for the applicability of the statute should be the time of the commission of the tortious act, see Williamson v. Memorial Hospital of Bay County, 307 So. 2d 199 (Fla. 1st DCA 1975); and Mercy Hospital, Inc. v. Benitez, 257 So. 2d 51 (Fla. 3d DCA 1972), is, therefore, [*854] without effect. In the recent case of AB CTC v. Morejon, 324 So. 2d 625 (Fla.1975), the Supreme Court of Florida held that a cause of action does not accrue until the breach of warranty in the form of a defe…

Authorities Cited

• Steinhauser v. State, 228 So. 2d 446 (Fla. 2d DCA 1969)