PLAZA SOUTH ASSOCIATION, INC., A FLORIDA CORPORATION, NOT FOR PROFIT, AND PHILIP JOHNSON, ET UX., ET AL., INDIVIDUALLY, AND AS MEMBERS AND UNIT OWNERS IN, AND PURCHASERS OF, APARTMENTS IN PLAZA SOUTH, ON BEHALF OF ALL SUCH MEMBERS, UNIT OWNERS AND PURCHASERS, APPELLANTS,
v.
PLAZA SOUTH CORP., A FLORIDA CORPORATION, ET AL., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court considered certified questions regarding a retail book dealer's liability for injuries caused by a cookbook's improper instructions or lack of warnings about poisonous ingredients.
The court did not issue a holding on the merits of the case but rather addressed certified questions regarding the potential liability of a retail book dealer under statutory and common law implied warranties for injuries caused by a cookbook's content.
A purchaser of a cookbook, 'Trade Winds Cookery,' was injured after preparing a recipe for Dasheen plant, which she consumed uncooked and found to be …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
PER CURIAM.
The trial court dismissed a third amended complaint when the complaint was sufficient to invoke the court’s jurisdiction to grant declaratory relief. Bell v. Associated Independents, Inc., 143 So. 2d 904 (Fla. 2d DCA 1962). In doing so the court abused its discretion by not recognizing the standing which the appellant “Association” has to seek a declaration of its rights under certain assignments and the Declaration of Condominium.
The order dismissing the third amended complaint is reversed and this cause is remanded for further proceedings.
REVERSED and REMANDED.
DOWNEY, C. J., and DAUKSCH, JJ., concur. CROSS, J., concurs specially, with opinion.
CROSS, Judge,
concurring specially:
I concur in the result reached in the instant case even though the complaint herein under review is unduly burdened with misjoinder of parties and of causes of action. Basically, Plaza South Association, Inc. seeks a declaration of its rights under certain irrevocable assignments of additional parking spaces. This is a proper matter for declaratory relief under Section 86.021, Florida Statutes, and the cause is properly returned to the trial court for further proceedings.