Herring v. Florida National Bank of Miami

District Court of Appeal of Florida

Herring v. Florida National Bank of Miami

480 So. 2d 119, 10 Fla. L. Weekly 2617, 1985 Fla. App. LEXIS 17057

CourtDistrict Court of Appeal of Florida

DecidedNovember 26, 1985

DocketNo. 85-546

StatusPublished

This text of 480 So. 2d 119 (Herring v. Florida National Bank of Miami) 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.

Bluebook

Herring v. Florida National Bank of Miami, 480 So. 2d 119, 10 Fla. L. Weekly 2617, 1985 Fla. App. LEXIS 17057 (Fla. Ct. App. 1985).

Pincite

Opinion

PER CURIAM.

We affirm the judgment of the trial court upon a holding that the contract submitted by Herring (who had a right of first refusal) differed materially in its essential terms from the contract submitted by the third-party purchaser. See Lehr v. Breakstone, 472 So.2d 1333 (Fla. 3d DCA 1985); Central Properties, Inc. v. Robbinson, 450 So.2d 277 (Fla. 1st DCA 1984), quashed in part on other grounds, 468 So.2d 986 (Fla.1985); Hallmark Builders, Inc. v. Hickory Lakes of Brandon, Inc., 444 So.2d 1047 (Fla. 2d DCA 1984); Coastal Bay Golf Club, Inc. v. Holbein, 231 So.2d 854 (Fla. 3d DCA 1970). In the present case, the third-party purchaser’s contract contained an “as is” clause, whereas Herring’s contract provided that the seller warranted all major appliances, plumbing, electrical installations, and machinery.

Affirmed.

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PER CURIAM.

We affirm the judgment of the trial court upon a holding that the contract submitted by Herring (who had a right of first refusal) differed materially in its essential terms from the contract submitted by the third-party purchaser. See Lehr v. Breakstone, 472 So.2d 1333 (Fla. 3d DCA 1985); Central Properties, Inc. v. Robbinson, 450 So.2d 277 (Fla. 1st DCA 1984), quashed in part on other grounds, 468 So.2d 986 (Fla.1985); Hallmark Builders, Inc. v. Hickory Lakes of Brandon, Inc., 444 So.2d 1047 (Fla. 2d DCA 1984); Coastal Bay Golf Club, Inc. v. Holbein, 231 So.2d 854 (Fla. 3d DCA 1970). In the present case, the third-party purchaser’s contract contained an “as is” clause, whereas Herring’s contract provided that the seller warranted all major appliances, plumbing, electrical installations, and machinery.

Affirmed.

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Bluebook (online)

480 So. 2d 119, 10 Fla. L. Weekly 2617, 1985 Fla. App. LEXIS 17057, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herring-v-florida-national-bank-of-miami-fladistctapp-1985.

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