CopyCited 27 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1384
...223 (1940); Perry v. Luby Chevrolet, Inc.,
446 So.2d 1150 (Fla. 3d DCA 1984). Clearly, H & M, as the seller of the engines to Jones and the distributor of Ford industrial engines, is both a "seller," see §
672.103(d), Fla. Stat. (1975), and a "merchant," see §
672.104(1), Fla....
CopyCited 9 times | Published | District Court, N.D. Florida | 51 U.C.C. Rep. Serv. 2d (West) 950, 2002 U.S. Dist. LEXIS 18777, 2002 WL 32113050
...or goods involved in the transaction or to whom such knowledge or skill may be attributed by his or her employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill. FLA. STAT. ANN. § 672.104(1) (West Supp. 2002). A transaction "between merchants" is defined as "any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants." FLA. STAT. ANN. § 672.104(3) (West Supp.2002)....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1992 Fla. App. LEXIS 4094, 1992 WL 68968
...That, however, is not the end of the matter because Professor White further advocates *472 that a gap-filler from the code, if available, supply the missing term. Under section
672.314, Florida Statutes (1989), if the seller is a "merchant," which it clearly is sub judice, see section
672.104(1), Florida Statutes (1989), an implied warranty that the goods are fit for the particular purposes of use and are merchantable, arises....
CopyCited 6 times | Published | District Court, S.D. Florida | 1990 A.M.C. 2110, 11 U.C.C. Rep. Serv. 2d (West) 829, 1989 U.S. Dist. LEXIS 14443, 1989 WL 143531
...Section
672.314(1), Fla.Stat., provides in pertinent part: Unless excluded or modified, a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to the goods of that kind.... *843 Section
672.104(1), Fla.Stat., defines a "merchant" as: a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom su...
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...De Santis' theory of liability against Georgia-Pacific was breach of implied warranty under the Uniform Commercial Code. De Santis asserted the same theory of liability against Squires, but it appears that the Uniform Commercial Code did not technically apply to Squires because it was not a merchant dealing in paneling. See Section 672.104(1), Florida Statutes (1977)....
CopyCited 4 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 59162, 2009 WL 2029958
...Defendants could not accept the benefits of these Contracts and later choose to claim breach after litigation commences. [12] Here, the parties are all merchants under the UCC as they all dealt in the sale and purchase of food commodities. See Fla. Stat. § 672.104(1) (defining "merchant" as a "a person who deals in goods of the kind"); Fla. Stat. § 672.104(3) (defining transactions "between merchants" as "any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants")....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 13 Fla. L. Weekly 2039, 6 U.C.C. Rep. Serv. 2d (West) 1100, 1988 Fla. App. LEXIS 3877, 1988 WL 89713
...[1] Section
672.314 provides for an implied warranty of merchantability where the seller is a merchant with respect to goods of the kind. In spite of its admission in the pleadings that it impliedly warranted the materials to Acrylic, Contractors Supply takes the anomolous position that it is not a merchant. Section
672.104(1) defines "merchant" as: (1) "Merchant" means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to...
...ant" under this section, whether or not he holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction. Thus the implied warranty arises because Contractors Supply is a merchant within the meaning of section 672.104(1)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 44 U.C.C. Rep. Serv. 2d (West) 718, 2001 Fla. App. LEXIS 5176, 2001 WL 388062
...The interpretation of the parties’ contract is governed by the Uniform Commercial Code (UCC), Chapter 672, Florida Statutes (2000). §
672.102, Fla. Stat. (2000) (“[Chapter 672, Florida Statutes (2000)] applies to transactions in goods; ... ”). The instant transactions involved the sale of goods between merchants. See §
672.104, Fla....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 58 U.C.C. Rep. Serv. 2d (West) 647, 2005 Bankr. LEXIS 1730, 45 Bankr. Ct. Dec. (CRR) 99
...ds involved in the transaction or to whom such knowledge or skill may be attributed by his or her employment of an agent or broker or other intermediary who by occupation holds himself or herself out as having such knowledge or skill. FLA. STAT ANN. § 672.104(1) (West 2004)....
CopyPublished | District Court, S.D. Florida | 2005 U.S. Dist. LEXIS 34136, 2005 WL 4858676
...They seek a court-ordered inspection, an accounting, and judicial dissolution of the corporations. Id. at 2-5. [2] "Chapters 670-680 [of the Florida Statutes] may be cited as the `Uniform Commercial Code.' " Fla. Stat. §
671.101. [3] "`Merchant' means a person who deals in goods of the kind ..." Fla. Stat. §
672.104(1)....
