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CONKLIN v. HURLEY

No. 61799.

428 So.2d 654 (1983)

Donald J. CONKLIN, et ux, et al., Petitioners, v. Faye Y. HURLEY, Raymond J. Hurley, and Carriage Hill Limited Partnership, Respondents.

Supreme Court of Florida.

March 10, 1983.

Attorney(s) appearing for the Case

Arthur C. Koski of Koski, Mateer, Gillespie & Allison, Boca Raton, for petitioners.

Jerry Oxner, West Palm Beach, Chesterfield Smith, Steven D. Merryday and Steven L. Brannock of Holland & Knight, Tampa, and Robert S. Levy of Robert S. Levy, P.A., West Palm Beach, for respondents.

Stephen W. Metz, Robert M. Rhodes and James C. Hauser of Messer, Rhodes & Vickers, Tallahassee, for Florida Home Builders Ass'n, amicus curiae.

McDONALD, Justice.

The Fourth District Court of Appeal has certified to us that its decision in this cause passes upon a question of great public importance. We have jurisdiction pursuant to Florida Constitution, article V, section 3(b)(4). The question certified to us is:

Do implied warranties of fitness and merchantability extend to first purchasers of residential real estate for improvements to the land other than construction of a home and other improvements...

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