Florida/Georgia Personal Injury & Workers Compensation

...Ultimately, they argue, this would mean the stores which now disseminate information would be forced to close with the resultant infringement on freedom of speech and expression. The definition of "goods" under the U.C.C. is sufficiently broad to include books. Section 672.105, Florida Statutes....

...mmercial unit given that the definition of commercial unit is "such a unit of goods as by commercial usage is a single whole for purposes of sale and division of which materially impairs its character or value on the market or in use." Fla.Stat.Ann. § 672.105 (emphasis added)....

...ve. In either event, the trial court specifically held that the failure of Lurgi to reject the pipe within 30 days from delivery made it liable for the 93% of the pipe delivered. NASCO contends that the fabricated pipes are goods defined in Fla.Stat § 672.105 and that under Fla....

..."fixed by agreement" of the parties. Since the predominate nature of the transaction was the furnishing of a product rather than services, we believe that the fabricated pipe could properly be characterized as goods within the meaning of Fla. Stat. § 672.105....

(defining the scope of Florida’s U.C.C.); Fla. Stat. § 672.105(1) (defining goods to include specially-manufactured

...A contract between the parties does not result until the offer is accepted. See also U.S. Fidelity & Guaranty Company v. North American Steel Corporation, 335 So.2d 18 (Fla. 2nd DCA 1976), holding that fabricated pipe could properly be characterized as "goods" within the meaning of the Uniform Commercial Code, Section 672.105....

...The remaining counts of Zell's complaint were dismissed by summary judgment. Zell has appealed only Counts I and II. [4] Article 8 of Florida's Uniform Commercial Code does not provide guidelines for determining the essential elements of a contract for the sale of investment securities. However, the comments to section 672.105, Florida Statutes, the section that defines "goods" states: "`Investment securities' are expressly excluded from coverage of this Article....

...Second, the Seilers failed to allege that they demanded reclamation in writing within ten days after the Debtor received the security, and § 546(c) expressly requires that such written demand be made. Third, § 546(c) applies only to "goods" and § 2-105(1) of the Uniform Commercial Code, adopted by Florida Statute § 672.105(1), expressly excludes investment securities such as the one in issue here from the definition of goods....

...cle 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....

statute of limitations argument. . Fla.Stat. § 672-105(1) defines goods in the following manner: ...

...the machine, which ripened into title when physical possession was delivered to it on March 12, 1980. The fact that a seller has neither possession nor title to goods at the time he enters into a contract to sell them does not void the contract. See § 672.105(2), Fla....

...“Goods” are statutorily defined as “all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (chapter 678) and things in action.” § 672.105(1), Fla....

...party in the goods buys in ordinary course from a person in the business of selling goods of that kind but does not include a pawnbroker ... The definition of a "buyer in the ordinary course of business" requires that a sale of goods actually occur. Section 672.105(2), Florida Statutes (1991), states that goods must be both existing and identified before any interest in them can pass....

...Viewed in the light most favorable to American Zurich, the record establishes that American Zurich’s insured agreed to purchase and St. George agreed to sell one or more quantities of candle holders. Because candle holders meet the definition of “goods” contained in section 672.105, the parties’ agreement was for a transaction in goods....

...of the market quotations.” That isn’t what happened here. Quality didn’t agree to deliver at the market price on a future day, but at a price certain. The prohibition of the bucket shop law does not apply. Quality next asserts that Fla. Stat. § 672.105 (2), F.S.A., renders the transaction void....

meets the definition of “goods” contained in § 672.105, the statute of frauds provided in Article 2 of

...ce 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). [4] Fla.Stat. § 672.105(1) (1965)....

...ted produced what appeared to be a normal yield. CONCLUSIONS OF LAW Implied Warranties The actions based on breach of implied warranties are governed by Chapter 672, Florida Statutes, pertaining to the Uniform Commercial Code treatment of sales. See Section 672.105(1), Florida Statutes....

...riting sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker. Sale of a part-interest in goods is considered a sale of goods, section 672.105(3), Florida Statutes (1983), and it is undisputed that the price of La Rosa's interest in the automobile exceeds $500....

...Goods are defined as “all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (chapter 678) and things in action.” Fla. Stat. § 672.105 (1)....

...ed of all obligations under this agreement. The sum shall be divided equally between Seller and Broker, after all expenses incurred by the Buyer against the vessel have been paid from the sum retained. [2] Ships are "goods" under the UCC in Florida. § 672.105(1), Fla....