Commercial vs. residential issue--Agrobin decision.After the June publication of my article reviewing the Johnson v. Davis case, I received a letter from a very alert and more current reader (Henry T. Sorensen II of Palm Harbor). He pointed out that I had made no mention of an important decision of the Third DCA (1) (Document Content Architecture) IBM file formats for text documents. DCA/RFT (Revisable-Form Text) is the primary format and can be edited. DCA/FFT (Final-Form Text) has been formatted for a particular output device and cannot be changed. concerning the "commercial vs. residential" issue. My thanks to Mr. Sorensen. I regret the omission of Agrobin, Inc. v. Botanica bo·tan·i·ca n. A shop that sells herbs, charms, and other religious or spiritual items, especially those associated with Santeria. [American Spanish botánica, from Greek Development Associates, 861 So. 2d 445 (Fla. 3d DCA 2003). This per curiam [Latin, By the court.] A phrase used to distinguish an opinion of the whole court from an opinion written by any one judge. Sometimes per curiam signifies an opinion written by the chief justice or presiding judge; it can also refer to a brief oral announcement opinion held that the seller had no duty to disclose because the buyer of the condominium condominium In modern property law, individual ownership of one dwelling unit within a multidwelling building. Unit owners have undivided ownership interest in the land and those portions of the building shared in common. apartment unit was a corporation, and, although purchased as a vacation home Vacation Home A home separate from an individual's primary residence that is used for recreational purposes and may also be rented out at unused times. Notes: For tax purposes, those who rent their vacation homes may result in a lower amount of allowable expense , "it is undisputed that Agrobin also rented out the condominium." The court ruled it a commercial transaction because "it was purchased by a corporation for a commercial venture." It seems that the Third DCA has fashioned a rule that the buyer's intended use determines whether a transaction is commercial or residential. Does this mean that a live person buying an office building with the intent of using it as his residence has the benefit of the Johnson disclosure requirement? I believe that the decision was not consistent with precedent (which examines the property rather than the buyer), the legislative preference expressed in F.S. Ch. 475 (cited in my article as a possible "bright line") or the direction taken by the courts of other states, e.g., The S Development Company v. Pima Capital Management Co., 31 P. 3d 123 (Ariz. App. 2001), which made it clear that the Arizona courts do not distinguish between commercial and residential property to require disclosure of latent defects. After Agrobin, the Florida Supreme Court should give teeth to its own dictum in Johnson v. Davis 480 So. 2d at 628, that "[t]he law appears to be working toward the ultimate conclusion that full disclosure of all material facts must be made whenever elementary fair conduct demands it." At the very least, such a departure from precedent by the Third DCA deserved more than a terse Terse - Language for decryption of hardware logic. ["Hardware Logic Simulation by Compilation", C. Hansen, 25th ACM/IEEE Design Automation Conf, 1988]. per curiam decision A per curiam decision (or opinion) is a ruling handed down by a court with multiple judges in which the decision was made by the court acting as a whole, as opposed to statements made by individual judges. The literal meaning of this legal term is "by the court". . Hopefully, it will not be followed in other districts. WHILDEN S. PARKER Hobe Sound |
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