Florida/Georgia Personal Injury & Workers Compensation

...its which is the correct number for all 1981 models. In June 1988 appellee filed a lawsuit against Maroone Chevrolet. PROCEDURAL BACKGROUND Appellee's second amended complaint alleges that appellant: (1) committed a breach of warranty of title under section 672.312, Florida Statutes (1989); and (2) engaged in an unfair and deceptive trade practice under chapter 501, Florida Statutes (1989)....

...te points raised by appellant. *517 Count I of appellee's amended complaint, the count on which the trial court directed a verdict for appellee, is based on the warranty of title provision found in Chapter 672 of the Florida Uniform Commercial Code. Section 672.312 provides in part as follows: Warranty of title and against infringement; buyer's obligation against infringement — (1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that: (a) The title conveyed shall be good, and its transfer rightful......

...cate of title; rather, it was prepared and sent by Maroone Chevrolet to the Department of Motor Vehicles. Appellee cannot rely on this written warranty against appellant and therefore appellee's argument that such "warranty" cannot be excluded under section 672.312 is erroneous....

...s title is a question of fact to be decided by the trier of fact. We have examined appellant's claims that the trial court erred in directing a verdict for appellee on the issue of whether or not appellant conveyed "good title" within the meaning of section 672.312, Florida Statutes (1989), and we find no error either in the instructions given or refused nor in the conclusion reached....

...a substantial cloud over the purchaser's title from which colorable claims and other problems for the purchaser could arise. The Florida courts have not squarely addressed whether a cloud on a title is sufficient to breach a seller's warranty under section 672.312 or if the purchaser must demonstrate the existence of superior or paramount title in a third party and a subsequent disturbance of quiet possession of the purchased goods....

...d registration. The jury assessed actual damages in the amount of $2,500.00 and punitive damages in the amount of $7,000.00. Although inartfully drawn, appellee's complaint essentially sought damages for breach of the implied warranty of good title. Section 672.312, Fla....

...) the truck was surrendered to its rightful owner when it was discovered to be stolen. At trial, Willis also testified he was seller of the truck. Turner denied being a seller, arguing he was merely the guarantor of the bank note for Cox and Lawson. Section 672.312, Florida Statutes (1973) states: (1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that: (a) The title conveyed shall be good, and its transfer rightful; and (b) The goods shall be delivered free f...

...had breached the warranty of title when it “sold” the equipment to Hayes. Thus, the central *1075 issue before us is whether there was a sale of the equipment to Hayes which resulted in the Ice House warranting title to the equipment pursuant to section 672.312, Florida Statutes (1985)....

...ction. Priority dates from the time a filing is first made covering the collateral or the time the security interest is first perfected, whichever is earlier, provided that there is no period thereafter when there is neither filing nor perfection. . Section 672.312, Florida Statutes (1985), by its terms, predicates warranty of title, and hence an action for its breach, upon the existence of a contract between the vendor and the vendee....