American European Garage Services, Inc. v. National Fire Insurance Co. of Hartford

District Court of Appeal of Florida

American European Garage Services, Inc. v. National Fire Insurance Co. of Hartford

427 So. 2d 772, 1983 Fla. App. LEXIS 20820

District Court of Appeal of Florida·Decided February 9, 1983·No. No. 82-526·Published·Cited by 2 cases

Opinion

COWART, Judge.

Since the general public commonly sells used vehicles to, as well as buys vehicles from, used car dealers, and such used car dealers are motor vehicle dealers required by section 320.27(10), Florida Statutes (1979), to post surety bonds to protect “any retail customer,” we hold that it was the legislative intent that the word “customer” include those, other than manufacturers, who sell to, as well as those who buy from or trade with, motor vehicle dealers. A customer is one who does business with the business establishment of another concerning some commodity or service. If the established business is that of a dealer who in the usual course of business buys, sells or trades a commodity with the general public, one who buys from, sells to or trades with the dealer is a retail customer.

The order dismissing appellant’s amended complaint is

REVERSED and the cause remanded for further proceedings.

ORFINGER, C.J., and SHARP, J., concur.

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COWART, Judge.

Since the general public commonly sells used vehicles to, as well as buys vehicles from, used car dealers, and such used car dealers are motor vehicle dealers required by section 320.27(10), Florida Statutes (1979), to post surety bonds to protect “any retail customer,” we hold that it was the legislative intent that the word “customer” include those, other than manufacturers, who sell to, as well as those who buy from or trade with, motor vehicle dealers. A customer is one who does business with the business establishment of another concerning some commodity or service. If the established business is that of a dealer who in the usual course of business buys, sells or trades a commodity with the general public, one who buys from, sells to or trades with the dealer is a retail customer.

The order dismissing appellant’s amended complaint is

REVERSED and the cause remanded for further proceedings.

ORFINGER, C.J., and SHARP, J., concur.

American European Garage Services, Inc. v. National Fire Insurance Co. of Hartford, 427 So. 2d 772, 1983 Fla. App. LEXIS 20820 (Fla. Ct. App. 1983).

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Opinion

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