Futuro Properties, Inc. v. Jackson's/Byrons Enterprises, Inc.
Futuro Properties, Inc. v. Jackson's/Byrons Enterprises, Inc.
254 So. 2d 835
(Southern Reporter, Second Series)
Futuro Properties, Inc. v. Jackson's/Byrons Enterprises, Inc.
Opinion of the Court
Affirmed.
Dissenting Opinion
(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:
βThe 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.β
Case-law data current through December 31, 2025. Source: CourtListener bulk data.