Florida/Georgia Personal Injury & Workers Compensation

...e rise to express warranties. These statements clearly related to the goods. For these affirmations to constitute express warranties, appellees must have presented evidence that the affirmations became part of the basis of the bargain. Fla.Stat.Ann. § 672.313(l)(a)....

...expenses *1102 might reach during the life of the machine, XSC would spend % cent per copy for maintenance. To state the nature of such a statement illustrates the difficulty of its proof. Nevertheless, a guarantee is actionable under Fla.Stat.Ann. § 672.313....

...We do not address whether these RBC-I’s modified with the quiet down kit constituted a “sample or model which is made part of the basis of the bargain” thereby creating an express warranty “that the whole of the goods shall conform to the sample as modeled.” Fla. Stat.Ann. § 672.313(l)(c)....

...stent with the Act."). [1] Under this state's law, there can be no cause of action for breach of an express limited warranty unless the consumer can allege and prove that the manufacturer did not comply with the limited express warranty's terms. See § 672.313, Fla....

...—Violation of the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.; Count II—Violation of Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et seq. (“FDUTPA”); Count III—Breach of Express Warranty, Fla. Stat. § 672.313 ; and Count IV-—Breach of Implied Warranty, Fla. Stat. § 672.313 ....

...Ford has moved to dismiss the Complaint in its entirety, with prejudice. The Court will consider Ford’s arguments as to each of the four claims, *1230 although in a different order than pled in the Complaint. 1. Breach of Express Warranty, Fla. Stat. § 672.313 (Count III) a....

...Plaintiff states a claim for breach of express warranty The elements of a cause of action for a breach of warranty under Florida law are: (1) Facts in respect to the sale of the goods; (2) Identification of the types of warranties created, i.e. express warranty (Section 672.313, Florida Statutes); implied warranty of merchantability (Section 672.314, Florida Statutes); implied warranty of fitness for a particular purpose (Section 672.315, Florida Statutes); (3) Facts in respect to the creation of the particular warranty....

...ty. Sparger v. Newmar Corp., 2014 WL 3928556 , *6 (S.D.Fla. Aug. 12, 2014) (citing Davis v. Ford Motor Co., 63 UCC Rep.Serv.2d 445 (S.D.Fla.2007) (citing Dunham-Bush, Inc. v. Thermo-Air Service, Inc., 351 So.2d 351 (Fla. 4th DCA 1977))). Pursuant to Section 672.313, Florida Statutes: (1) Express warranties by the seller are created as follows: (a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an ex- ' press warranty that the goods shall conform to the affirmation or promise....

...” or that the seller have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller’s opinion or commendation of the goods does not create a warranty. Fla. Stat § 672.313....

...“Under this state’s law, there can be no cause of action for breach of an express limited warranty unless the consumer can allege and prove that the manufacturer did not comply with the limited express warranty’s terms.” Ocana v. Ford Motor Co., 992 So.2d 319, 324 (Fla. 3d DCA 2008) (citing § 672.313, Fla....

...See Citro Florida, Inc. v. Citrovale, S.A., 760 F.2d 1231, 1232 (11th Cir.1985). Based upon the foregoing, Ford’s motion to dismiss Plaintiffs breach of express warranty claim (Count III) shall be denied. 2 2. Breach of Implied Warranty, Fla. Stat. § 672.313 (Count TV) In Count IV, Plaintiff alleges that Ford impliedly warranted that the subject vehicles were merchantable, fit for the ordinary purposes for which they were intended to be used, and were not otherwise injurious to consumers....

...Rather, the Amended Complaint alleges only that "[i]n 2010, Plaintiff was exposed to the promotion, advertising and marketing of Similac products as set forth herein and believed that such products were safe for consumption by his infant child." Amended Complaint ¶ 39. [4] Section 672.313, Florida Statutes, provides in relevant part that (1) Express warranties by the seller are created as follows: (a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the b...

...tee' or that the seller have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller's opinion or commendation of the goods does not create a warranty. Fla. Stat. 672.313....

...Messerli, 483 So.2d 108 (Fla. 2d DCA 1986). Our review of the record reveals the representations went beyond salesmen's talk comprised of an affirmation of the value of the goods or opinion or commendation of the goods which is "puffing" and does not create a warranty. § 672.313(2), Fla....

...In respect of the privity requirement, the Plaintiff responds by arguing that privity is not required for her to bring forth a state law warranty claim. (PL’s Resp. 9-17). In particular, the Plaintiff argues that the plain language of Fla. Stat. § 672.313 does not require a plaintiff to plead privity in a breach of express warranty claim, but rather, solely requires that a “consumer ......

...As such, the Court must determine whether the Plaintiff has a state law cause of action for breach of warranty. Chapter 672, Florida Statutes, represents Florida’s version of Article 2 (Sales) of the Uniform Commercial Code. Pursuant to this chapter, express warranties are created under the guidance of Florida Statutes § 672.313, In interpreting this section, Florida courts have required a plaintiff to be in privity with a defendant in order to recover for breach of express or implied warranty....

...SK Biotech had informed Hammond that he could assure farmers that Bravo 720 would not burn their watermelons. [1] This claim was entirely distinct from any representation made on the Bravo 720 label and involved a warranty clearly cognizable at law. Section 672.313(1), Florida Statutes (1989), regarding express warranties, provides: (a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise....

...tantial evidence supports the rulings of which appellant complains. AFFIRMED. JOANOS and KAHN, JJ., concur. NOTES [1] We do not reach the issue of whether the Douberlys proved that ISK breached an express warranty in the absence of privity, or under section 672.313, Florida Statutes (1989), because, by failing to raise the issue by motion for directed verdict at the close of all the evidence, ISK Biotech failed to preserve this issue for appellate review....

...In order to properly plead a cause of action for breach of warranties under the Florida Uniform Commercial Code a complaint should contain at least the following allegations: 1) Facts in respect to the sale of the goods; 2) Identification of the types of warranties created, i.e. express warranty (Section 672.313, Florida Statutes [1975]); implied warranty of merchantability (Section 672.314, Florida Statutes [1975]); implied warranty of fitness for a particular purpose (Section 672.315, Florida Statutes [1975]); 3) Facts in respect to the creation of the particular warranty....

...hould be dismissed because it is conclusory in nature. The Court disagrees. An express warranty is “[a]ny affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes a basis of the bargain[.]” Fla. Stat. § 672.313 (1)(a). However, “an affirmation merely of the value of the goods or a statement purporting to be merely the seller’s opinion or commendation of the goods does not create a warranty.” Fla. Stat. § 672.313 (2)....

...to induce the sale shows the buyer an engine and propeller logbook setting forth the repair history of the airplane, expressly warrants the accuracy of the information contained in the logbook within the meaning of Florida's Uniform Commercial Code, Section 672.313, Florida Statutes (1975). We hold that the seller expressly so warrants the accuracy of the information contained in the logbook where it forms part of the basis of the bargain between the parties. The controlling law in this case is set forth at Section 672.313, Florida Statutes (1975), as follows: "672.313 Express warranties by affirmation, promise, description, sample....

...nance of the airplane and the logbook than this record reveals to us. The majority holding seems to me to be that the very maintenance of the logbook by the owner and the display of the logbook upon request of a buyer constitutes, for the purpose of Section 672.313, Florida Statutes (1975) (Florida's Uniform Commercial Code), a warranty that the repairs recorded were done without fault....

...t exclusively to the written language contained in the sales contract and other documents executed at the time of sale that disclaimed all warranties. In so doing, the majority has apparently overlooked the code's definition of express warranties in Section 672.313(1)(a), Florida Statutes (1987) (UCC § 2-313(1)(a)), which provides: "Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warran...

...In so deciding, the majority has apparently overlooked that provision of the code recognizing that a dealer's statement on the face of a retail sales contract that an automobile sold as new [8] may itself be considered an express warranty and provide a means for seeking revocation of acceptance. Section 672.313(1)(b), Florida Statutes (1987) (UCC § 2-313(1)(b)), provides: " Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description." (Emphasis added...

...'s fees and costs awarded to Empire would be thereafter assessed against Griffin. [7] Although the oral statements made by the salesman to Smith did not include the word "warrant" or "guarantee" or words of similar import, this is not essential. See Section 672.313(2), Florida Statutes (1987) (UCC § 2-313(2)): "It is not necessary to the creation of an express warranty that the seller use formal words such as `warrant' or `guarantee' or that he have a specific intention to make a warranty......

...ble warranties. See supra Part IV(B)(1). As discussed above, Premix has asserted separate claims for breach of an express warranty and breach of an implied warranty. These causes of action will proceed respectively under (a) UCC § 2-313, Fla. Stat. § 672.313 (expressed warranties); and (b) UCC § 2-314, Fla....

...es, “[a]ny affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.” Fla. Stat. § 672.313 (l)(a)....

...chase, relies thereon to his injury.” (citation omitted)). Yet, “an affirmation merely of the value of the goods or a statement purporting to be merely the seller’s opinion or commendation of the goods does not create a warranty.” Fla. Stat. § 672.313 (2)....

shall-‘conform to the sample or model.” Fla. Stat. § 672.313(c).2 In the Complaint, Armadillo alleges that

...Although appellants urge the existence of language constituting express warranties in several documents allegedly passing between Reynolds and Apache during the negotiations between them, we think the issue finally boils down to statements relating to the "safety" of the machine and its components. Citing Section 672.313, Florida Statutes (1983), appellants assert that the record below is replete with evidence constituting sufficient affirmations of fact relating to the press's "state of the art" quality and its "fail-safe" operating characteristics,...

...However, our review of the evidence relied upon by appellants below fails to convince us that the trial court's denial of the requested instruction on the express warranty theory constituted reversible error. Express warranties in Florida are governed by Section 672.313, Florida Statutes (1981), which provides in pertinent part: (1) Express warranties by the seller are created as follows: (a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes par...

...1982) (reliance not required under UCC 2-313); Campus Sweater & Sportswear Co. v. M.B. Kahn Construction Co., 515 F. Supp. 64 (D.S.C.), aff'd without opinion, 644 F.2d 877 (4th Cir.1979) (same, construing model UCC). On the other hand, under subsection (2) of Section 672.313, Florida Statutes, a seller's statement will be construed as a "mere opinion or commendation" creating no express warranty where, among other things, the buyer and seller have equal knowledge of the facts and hence are in an equal position to express an opinion regarding the product....

...s: "1. Plaintiff shall recover from defendant the sum of $24,000.00, plus taxable costs, for which sums let execution issue." ..... *968 We affirm. Express warranties in the sale of goods are governed by Section 2-313 of the Uniform Commercial Code [Section 672.313, Florida Statutes (1971)]: "1....

...judgment. KAWASAKI U.S.A. also moves to dismiss Plaintiff's claim for breach of express warranty contained in Count II. Plaintiff's Memorandum in Opposition (DE 17) does not address this point. In Florida, the law of express warranty is governed by § 672.313 of the Florida Statutes....

...b. The Breach of Express Warranty Claim. Under Florida’s UCC, consumers may sue for breach of express warranty if a seller makes a false promise about goods, and the consumer relied on that promise in deciding to purchase the goods. See Fla. Stat. § 672.313 (“Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description.”)....

...Plaintiff claims that proof of actual reliance on General Mill’s claim that Yo-Plus improves digestive health is not necessary, while General Mills insists it is. Under Florida law, only an “affirmation of fact or promise” that “becomes part of the basis of the bargain creates an express warranty.” Fla. Stat. § 672.313 (l)(a)....

...Commonality is also satisfied for the breach of express warranty claim. This is because whether Yo-Plus actually conforms to General Mills’ description as a product that aids in the promotion of digestive health is an issue shared among all claimants seeking recovery under Fla. Stat. § 672.313 ....

...Johansen, 898 So.2d 1009, 1011 (Fla.Dist. Ct.App.2005)).) Defendants further argue that the express warranty claim must be dismissed because Plaintiffs failed to allege that Defendants made statements amounting to “an affirmation of fact or promise.” (Id. (citing Fla. Stat. 672.313; Carter Hawley Hale Stores, Inc....

...With respect to Defendants’ alternative argument, under Florida law, “[a]ny affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.” Fla. Stat. 672.313(1)(a)....

...Assuming, arguendo, that this transaction was not a sale, nevertheless, warranty liability may be imposed. Such liability is not intended to be limited only to a sales contract or only to the direct parties, as an Official Comment to § 2-313 of the Code, § 672.313, Fla....

...This sale or trade-out agreement is governed by Chapter 672 of the Florida Statutes, the Uniform Commercial Code-Sales. 3. The written agreement, dated October 1, 1979, constitutes an enforceable contract. 4. Plaintiff, Euroworld, did not expressly warrant the condition of the twenty-four 1830 engines. Under the code, § 672.313, express warranties can only be created as follows: (a) Any information of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain.......

...Craig further testified that he advised Blakey what certain documents received by Euroworld, along with the engines, reflected as to the conditions of the engines. At most, the information related to Blakey by Craig constituted an opinion based on document, which does not constitute an express warranty under § 672.313....

...to bare steel. We find that Morrison's oral statement that Nautical would warranty its products after the sand sweeping of the vessel (as opposed to sandblasting down to the steel hull) modified and expanded Nautical's written express warranty. See § 672.313, Fla. Stat. (1997) (creation of express warranty). The Uniform Commercial Code Comments to Florida Statutes Annotated section 672.313 states: 7....

...Insofar as this analysis goes, we are in agreement with the trial court, but we must quarrel with its finding that appellee's damages equaled the contract price. In failing to provide appellee with Coilzak, appellant breached an express warranty to appellee that the goods appellee was to receive would be Coilzak. § 672.313, Fla....

...[2] *954 We reverse, and direct the trial court on remand to enter judgment for defendants. NOTES [1] "[C]ertain affirmations of the seller amount only to `puffing' and do not give rise to warranties... ." Carter Hawley Hale Stores, Inc. v. Conley, 372 So.2d 965, 969 (Fla. 3d DCA 1979); see also § 672.313(2), Fla....

...r members of the general public and medical community”; and, with regard to causation, alleging only that “Defendants thus breached their express warranty which was a direct and proximate cause of Plaintiffs injuries and damages.”); Fla. Stat. § 672.313 (l)(a) (“Express warranties by the seller are created as follows: Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain ....”) (emphasis added)....

...In this case, appellants were not given the opportunity to prove that a promise was made by the seller to the buyer which related to the goods and became part of the basis of the *109 bargain creating an express warranty that the goods conformed to the affirmation or promise. See § 672.313, Fla....

...The aircraft purchase agreement did not define the term "airworthy" nor did it specify who would decide whether or not a discrepancy was airworthy if a dispute arose. The agreement simply warranted that the aircraft would be delivered in an airworthy condition with an FAA certificate of airworthiness. See Fla. Stat. § 672.313(1)(a) (stating a promise made by the seller "which relates to the goods and becomes a part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise")....

...Under Florida law, “[a]ny affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.” Fla. Stat. § 672.313 (l)(a)....

...created, and therefore cannot establish that such a warranty was breached. Defendant argues that the statements referenced by Plaintiff do not constitute an "affirmation of fact or promise" which became "part of the basis of the bargain." Fla. Stat. § 672.313....

...[2] Defendant makes a number of factual arguments in its Motion to Dismiss (e.g., the alleged price premium, the efficacy of Full Action). Although Defendant's arguments on these issues may be persuasive at a later stage in the proceeding, they are not relevant on a motion to dismiss. [3] Section 672.313, Florida Statutes, provides in relevant part that (1) Express warranties by the seller are created as follows: (a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the b...

...tee' or that the seller have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller's opinion or commendation of the goods does not create a warranty. Fla. Stat. 672.313....

...verned by state law. Under this state’s law, there can be no cause of action for breach of an express limited warranty unless the consumer can allege and prove that the manufacturer did not comply with the limited express %oar-ranty’s terms. See § 672.313, Fla....

...To that end, Business Radio relies on the following statutory language: "[a]ny affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis for the bargain creates an express warranty that the goods shall conform to the affirmation or promise." FLA. STAT. § 672.313(1)(a)....

...edominance requirement. Even if reliance is not required, individual factual issues would still predominate. Each putative class member would have to show that he or she was injured as a result of the defendant’s breach of warranty. See Fla. Stat. § 672.313 ; Dunham-Bush, Inc....

...h a publicly available website and widely available brochure, the statements (and photographic images) upon which Plaintiff claims to rely simply are not an "affirmation of fact or promise" which became "part of the basis of the bargain," Fla. Stat. § 672.313....

...5, 2015. [DE 113]. Thus, the following claims remain at issue in the present litigation: (1) Violation of Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et seq. (“FDUTPA”); (2) Breach of Express Warranty, Fla. Stat. § 672.313 ; and (3) Breach of Implied Warranty, Fla. Stat. § 672.313 ....

...establishing that S & N made affirmations that became the basis of any bargain between S & N and Plaintiff, or how breach of any such affirmation proximately caused damage to Plaintiff. See Byrnes, 60 F.Supp.3d at 1300 -01 (citing Fla. Stat. § 672.313 (1)(a) (“Express warranties by the seller are created as follows: Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain.”))....

...sales contract first by providing nonconforming telephones, Florida’s commercial code provides that “[a]ny sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.” § 672.313(1)(c), Fla....

...On November 13, 1980, this Court granted leave to the Vincents to file a counterclaim who filed their counterclaim in due course. Count I of the counterclaim is based on an alleged breach of implied warranty of merchantability by Maas. The claim set forth in Count II is based on § 672.313 of the Florida Statutes and claims a breach of an express warranty....

...he drapes which were exposed to the exterior of the residence. No expert testimony was presented in support of the Debtor’s counterclaim. Neither was any evidence presented in support of the claim of a breach of express warranty based on Fla.Stat. § 672.313....

...icle 2 of the *906 Uniform Commercial Code as adopted by Fla. Stat. § 672.101 et seq., the Statute which governs the sale of goods in this State. Second, while Eagle was not the actual seller of the machine, this is without significance. Fla. Stat. § 672.313 does not limit express warranty to the actual seller in spite of the fact that a literal reading of the Section might so indicate, but also extends the same to the manufacturer of the goods if, in fact, an express warranty arose by virtue of other means described in the Statute....

...press warranty. The absence of reliance will negate the existence of an express warranty. Royal Typewriter Company, a division of Litton Business Systems, Inc. v. Xerographic Supplies Corp., 719 F.2d 1092, 1101 (11th Cir.1983), construing Fla. Stat. § 672.313 (1)(a)....

becomes part of the basis of the bargain. Fla.Stat. § 672.313(l)(a). In order for Trah to prevail in this action