Florida District Courts of Appeal, 1971

Futuro Properties, Inc. v. Jackson's/Byrons Enterprises, Inc.

Futuro Properties, Inc. v. Jackson's/Byrons Enterprises, Inc.
Florida District Courts of Appeal · Decided November 30, 1971 · Barkdull, Pearson, Swann
254 So. 2d 835 (Southern Reporter, Second Series)

Futuro Properties, Inc. v. Jackson's/Byrons Enterprises, Inc.

Opinion of the Court

PER CURIAM.

Affirmed.

Dissenting Opinion

PEARSON, Judge

(dissenting).

A dissent to a per curiam affirmance is a singularly unproductive act. Nevertheless, my opinion that this appeal is governed by the rule stated in Mills v. Krauss, Fla.App.1959, 114 So.2d 817 is so strong that I feel it should be noted. The rule is stated:

β€œThe rule is clear beyond argument that one who undertakes by contract to do for another a given thing cannot excuse himself to the other for a faulty performance, or a failure to perform, by showing that he has engaged another to perform in his place, and that the fault or failure is that of another or independent contractor.”

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