Florida/Georgia Personal Injury & Workers Compensation

...and under 15 U.S.C.A. sections 2301-08, the Magnuson-Moss Warranty Act (Magnuson-Moss Act). No other theory of relief was alleged. Count I of the complaint as amended alleged that the lease agreement is a "transaction in goods" within the meaning of section 672.102; that appellants assumed their new vehicle would be operable and free of substantial defects, but it was not; that the Dealer had failed or was unable to correct the defects; that such defects are nonconformities and constitute a brea...

...ds at any time in the future." The trial court noted the decision in Capital Associates, Inc. v. Hudgens, 455 So.2d 651 (Fla. 4th DCA 1984), in which the court held that the lease of personal property was a transaction in goods within the meaning of section 672.102 subject to the prohibition against unconscionable clauses found in section 672.302....

...a sale involving the relationship of buyer and seller, as is section 672.608. The court stated that "this case is distinguishable from Capital Associates in that it falls within the language of the phrase, `unless the context otherwise requires,' of Section 672.102......

...ion of section 672.608 in the context of the transaction before us to determine whether the remedy provided under that section may be made available to appellants. Appellants argue that section 672.608 is applicable to this lease transaction because section 672.102, defining the scope of application of chapter 672 governing sales, provides that "unless the context otherwise requires, this chapter applies to transactions in goods," and appellants' lease of this vehicle was a "transaction in goods" as so defined....

...s) will apply to a lease transaction]. We conclude, therefore, that an equipment lease may be a "transaction in goods" subject to the provisions of chapter 672 if the requisite incidents of a sale are present "unless the context otherwise requires." Section 672.102, Florida Statutes....

...[10] The legal incidents of a lease vary significantly from those of a sale, and the parties' unambiguous expression of intent to create only a lease cannot be overturned by this court through legal recharacterization of the transaction. This expression of intent places this transaction squarely within the language of section 672.102 specifying "unless the context otherwise requires." To treat this transaction as a sale by analogy by indulging a very *156 liberal construction of the statutory language, as appellants request, would require that we effectively amend the applicable statutory provisions....

...led. Therefore, the first issue for our determination is whether the parties' choice of Michigan law should be enforced with regard to that clause. The sale of a computer is a transaction in goods and thus is governed by the Uniform Commercial Code. § 672.102, Fla....

of the Uniform Commercial Code. See Fla. Stat, § 672.102 (defining the scope of Florida’s U.C.C.); Fla

...ere to be fulfilled merely as a prerequisite to the performance of the contract). 1. Sales of Goods In this case, the Production Contract involves a sale of goods. Article 2 of the Florida Uniform Commercial Code ("the Code") applies. See Fla. Stat. § 672.102 (2001)....

...Defendants Breached Contracts 326, 368, 405, and 757 by Failing to Pay for Goods Delivered Under the Contracts. Plaintiff's breach of contract claims under Counts I, II, III and V of the Amended Complaint are grounded in Article 2 of the Uniform Commercial Code ("UCC") as adopted in Florida. See Fla. Stat. § 672.102....

...7; see also Tipton v. Woodbury, 616 F.2d 170 (5th Cir.1980) (describing some of the differences between contract law under Florida common law and the UCC). This dispute is governed by common law, as it does not involve a contract for the sale of goods. See Fla. Stat. § 672.102 (2004) (stating that the UCC's Article 2 only applies to "transactions in goods")....

...She also stated that she was intoxicated at that time. As an initial matter, we find that the equipment lease at issue here is subject to the provisions of Article II of the Uniform Commercial Code, even though that Article does not expressly apply to leases. Section 672.102, Florida Statutes (1983), provides that "[u]nless the context otherwise requires, this chapter applies to transactions in goods... ." Section 672.105(1), in turn, defines goods as "all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale... ." We hold that the term "transaction" in section 672.102 is broad enough to encompass leasing agreements and that the pieces of equipment at issue here are movable "things" and thus meet the definition of "goods" set forth in section 672.105....

...Allied Shelving’s primary contention on appeal is that the trial court erred by applying the common law of contracts rather than Article II of Florida’s Uniform Commercial Code (“UCC”).1 Article II of the UCC applies only to transactions in goods, see § 672.102, Fla....

...Wilson, 419 So.2d 1139 (Fla. 1st DCA 1982) (excluding the applicability of section 672.201 before analyzing the enforceability of a contact under section 725.01). Article 2 of the UCC, as adopted in chapter 672, Florida Statutes, applies to all transactions in goods. § 672.102....

...Harbour Club Villas Condominium, Ass’n, Inc., 419 So.2d 678, 679 (Fla. 3d DCA 1982). The construction of the instant contract was resolvable by summary judgment. The interpretation of the parties’ contract is governed by the Uniform Commercial Code (UCC), Chapter 672, Florida Statutes (2000). § 672.102, Fla....

...the contract is governed by the UCC. The trial court ruled that the contract is governed by the UCC and entered summary judgment in favor of Infilco. The plaintiffs appealed. A panel of this court reversed. The UCC applies to transactions in goods, § 672.102, Fla....

...There is no dispute regarding the terms of the contract. Thus even under the authority relied on by the panel, the BMC case, the question of whether the UCC applies is a question of law for the court. 160 F.3d at 1331. As already stated, the UCC applies to "transactions in goods...." § 672.102, Fla....

Statutes, applies to all transactions in goods. § 672.102, Florida Statutes. Because the Sculley 60' meets

...The movant may proceed with its in rem remedies against the following property: a mobile office unit, 12' × 48', unit 195223, serial number 31705. 3. The movant shall not pursue any in personam remedies against the Debtor. NOTES [1] Fla.Stat. § 671.101 (1991). [2] Fla.Stat. § 671.101 (1992). [3] Fla.Stat. § 672.102 (1965)....