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555 So. 2d 1282

INTERGRAPH CORPORATION v. Stearman

District Court of Appeal of Florida

Decided January 5, 1990

District Court of Appeal of Florida · decided 1990-01-05

Key passage — most relied on by later courts

“[p]rivity is required in order to recover damages from the seller of a product for breach of express or implied warranties.”

quoted by 1 later decision, including Douse v. Bos. Scientific Corp.

Relies on 520 So. 2d 37 - Kramer v. Piper Aircraft Corp. · 500 So. 2d 688 - Affiliates for Evaluation v. Viasyn Corp. · 221 So. 2d 454 - Brown v. Hall

Good law ✅— No negative treatment on recordhow we know

Decided 1990-01-05

How this case has been cited

Cited by 11 later decisions — most recently May 2018

2 state decisions

40199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

INTERGRAPH CORPORATION, Appellant/Cross-Appellee,
v.
John E. STEARMAN and John E. Stearman, P.A., Appellees/Cross-Appellants.
John E. STEARMAN and John E. Stearman, P.A., Appellants,
v.
William A. HESSINGER, Appellee.

Nos. 88-01826, 88-01843 & 88-02294.

¶1District Court of Appeal of Florida, Second District.

January 5, 1990.
Rehearing Denied February 2, 1990.

¶2*1283 William F. McGowan, Jr., and Sylvia H. Walbolt of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, for appellant/cross-appellee Intergraph Corp.

¶3G. Donovan Conwell, Jr. of Fowler, White, Gillen, Boggs, Villareal & Banker, Tampa, for appellees/cross-appellants and appellants John E. Stearman and John E. Stearman, P.A.

¶4No appearance, for appellee William A. Hessinger.

¶5PER CURIAM.

¶6By these consolidated appeals and a cross-appeal, we are asked to review a final judgment against Intergraph Corporation awarding compensatory and punitive damages to John E. Stearman and John E. Stearman, P.A., in a suit brought by them for misrepresentation and breach of warranties with respect to the capabilities of a computer system sold by Intergraph to John E. Stearman.

¶7We find that the award of compensatory damages to Stearman P.A. in the amount of $34,000 for breach of express warranties cannot stand because there was a complete absence of privity between Stearman P.A. and the seller of the computer system, Intergraph. Privity is required in order to recover damages from the seller of a product for breach of express or implied warranties. Brown v. Hall,221 So.2d 454 (Fla. 2d DCA 1969). See also Affiliates for Evaluation & Therapy, Inc. v. Viasyn Corp.,500 So.2d 688 (Fla. 3d DCA 1987), approved, Kramer v. Piper Aircraft Corp.,520 So.2d 37 (Fla. 1988).

¶8Accordingly, we reverse that part of the final judgment awarding compensatory damages to John E. Stearman, P.A., in the amount of $34,000 for breach of express warranties. We affirm as to all other issues raised by these appeals and the cross-appeal.

¶9Reversed in part and affirmed in part.

¶10DANAHY, A.C.J., and SCHOONOVER and PARKER, JJ., concur.

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