Florida/Georgia Personal Injury & Workers Compensation

...[2] The case was removed to federal court based upon diversity of citizenship. The Blands seek to rescind the contract for Freightliner's failure to cure the defects. Alternatively, the Blands seek to revoke the acceptance of their new motor vehicle pursuant to Section 672.711, Florida Statutes (2001)....

...The testimony showed that the new unit and the unit contracted for were of the same general type. We note that we do not consider that Goodell's first mailgram waived his right to cover. First, return to the status quo obviously depended upon an immediate return of the deposit money. Further, as stated in Section 672.711: (1) Where ......

922 So.2d 303 (Fla. 3d DCA 2006); Fla. Stat. § 672.711. Florida law also provides for recovery of general

...or the purchase of a mobile home and to recover the sums they had paid Royco. The trial court ruled the Cottengims had not accepted the mobile home; Royco had materially breached the sales contract; and the Cottengims could cancel the contract under section 672.711, Florida Statutes (1981), even though they had an adequate remedy at law (damages)....

...although it was given adequate time and opportunity to do so. Although some pre-Code Florida cases held that rescission was not an available remedy to a buyer if the breach was curable by an award of damages, [2] the rule is clearly otherwise under section 672.711....

...f the price as has been paid: (a) "Cover" and have damages under the next section as to all the goods affected whether or not they have been identified to the contract; or (b) Recover damages for nondelivery as provided in this chapter (s. 672.713). § 672.711(1), Fla....

...Goldstein, 450 So.2d 262 (Fla. 5th DCA 1984); Dade County, Florida v. Palmer and Baker Engineers, Inc., 318 F.2d 18 (5th Cir.1963). *324 If SAS had breached the Prepaid Rent Agreement, Mayfair's claim for damages is governed by Chapter 672 of the Florida Statutes. Section 672.711 sets forth all buyer's remedies. Section 672.711(1) provides that: "where the seller fails to make delivery ......

...writ of common law certiorari. As noted, this action was brought as one for "rescission." The Uniform Commercial Code, while abandoning the term "rescission" in favor of "revocation of acceptance," § 672.608, Fla. Stat. (1979), and "cancellation," § 672.711, Fla....

...Appellants timely revoked their acceptance of the goods delivered upon discovery of the defect. See section 672.608, Florida Statutes (1981). Appellees then stood in breach of the sales contract and appellant Northside had all the remedies provided by section 672.711, Florida Statutes (1981)....

...The court told Jones's counsel she could tell the jury "what damages you want in your closing arguments." Jones argues that the court's refusal to give this instruction constitutes reversible error. Jones based its action for purchase price and incidental and consequential damages on section 672.711(1), Florida Statutes (1979), which provides: Where ......

...Appellee purchased a computer system, which did not function properly, for his retail outlet stores from appellants. The trial court properly found that appellee rightfully revoked acceptance of the computer system. Where the buyer rightfully revokes acceptance, the buyer is entitled to the purchase price that has been paid. § 672.711(1), Fla. Stat. (2002). Trial testimony revealed that appellee purchased the computer system from the appellants for three of its stores for a total price of $22,000. Thus, the trial court properly awarded damages of $22,000. See § 672.711(1), Fla....

codified in the Uniform Commercial Code as section 672.-711(1), Florida Statutes, which provides that