Hawke Distributing, Inc. v. Nuevo Sol Partners, Inc.

District Court of Appeal of Florida

Hawke Distributing, Inc. v. Nuevo Sol Partners, Inc.

689 So. 2d 1202, 32 U.C.C. Rep. Serv. 2d (West) 439, 1997 Fla. App. LEXIS 2139, 1997 WL 115244

CourtDistrict Court of Appeal of Florida

DecidedMarch 12, 1997

DocketNo. 96-2176

StatusPublished

Cited by1 cases

This text of 689 So. 2d 1202 (Hawke Distributing, Inc. v. Nuevo Sol Partners, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hawke Distributing, Inc. v. Nuevo Sol Partners, Inc., 689 So. 2d 1202, 32 U.C.C. Rep. Serv. 2d (West) 439, 1997 Fla. App. LEXIS 2139, 1997 WL 115244 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

Based upon the unrefuted record evidence below that the appellant purchased and retained 390 video disc players from appellee and later shipped a portion of the same overseas for resale to a third party purchaser, the trial court properly determined that appellant had accepted this merchandise within the meaning of Florida’s version of the Uniform Commercial Code as codified in section 672.606(1), Fla.Stat. (1993). The appellant’s act of reselling, or attempting to resell, the allegedly nonconforming merchandise purchased from the appellee is deemed an acceptance as a matter of law because it is an act inconsistent with the appellee’s ownership of the same. § 672.606(l)(c), Fla.Stat. (1993); Golden Needles Knitting and Glove Co., Inc. v. Dynamic Marketing Enters., Inc., 766 F.Supp. 421 (W.D.N.C.1991) (construing Chapter 672, Fla.Stat.); see also Commonwealth Propane Co. v. Petrosol Int'l, Inc., 818 F.2d 522, 527-28 (6th Cir.1987); Lorenzo Banfi di Banfi Renzo & Co. v. Davis Congress Shops, Inc., 568 F.Supp. 432, 433-34 (N.D.Ill.1983). Having thus accepted merchandise from the appellee, the appellant was obligated to pay the contract rate for the same. § 672.607(1), Fla.Stat. (1993). Accordingly, we find that summary judgment was properly entered in favor of appellee.

Affirmed.

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PER CURIAM.

Based upon the unrefuted record evidence below that the appellant purchased and retained 390 video disc players from appellee and later shipped a portion of the same overseas for resale to a third party purchaser, the trial court properly determined that appellant had accepted this merchandise within the meaning of Florida’s version of the Uniform Commercial Code as codified in section 672.606(1), Fla.Stat. (1993). The appellant’s act of reselling, or attempting to resell, the allegedly nonconforming merchandise purchased from the appellee is deemed an acceptance as a matter of law because it is an act inconsistent with the appellee’s ownership of the same. § 672.606(l)(c), Fla.Stat. (1993); Golden Needles Knitting and Glove Co., Inc. v. Dynamic Marketing Enters., Inc., 766 F.Supp. 421 (W.D.N.C.1991) (construing Chapter 672, Fla.Stat.); see also Commonwealth Propane Co. v. Petrosol Int'l, Inc., 818 F.2d 522, 527-28 (6th Cir.1987); Lorenzo Banfi di Banfi Renzo & Co. v. Davis Congress Shops, Inc., 568 F.Supp. 432, 433-34 (N.D.Ill.1983). Having thus accepted merchandise from the appellee, the appellant was obligated to pay the contract rate for the same. § 672.607(1), Fla.Stat. (1993). Accordingly, we find that summary judgment was properly entered in favor of appellee.

Affirmed.

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689 So. 2d 1202, 32 U.C.C. Rep. Serv. 2d (West) 439, 1997 Fla. App. LEXIS 2139, 1997 WL 115244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawke-distributing-inc-v-nuevo-sol-partners-inc-fladistctapp-1997.

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