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FLA. E. PROP. INC. v. S.E. COMM. DEVP.

Nos. 84-1673, 85-116.

479 So.2d 793 (1985)

FLORIDA EASTERN PROPERTIES, INC., Appellant, v. SOUTHEAST COMMERCIAL DEVELOPERS, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 26, 1985.

Attorney(s) appearing for the Case

Gregory E. Tucci of Berk & Tucci, P.A., Ocala, for appellant.

Adam G. Adams, III of Adams & Adams, Jacksonville, for appellee.

PER CURIAM.

Based upon this court's reading of Conklin v. Hurley, 428 So.2d 654 (Fla. 1983), we affirm. However, we certify the following question to the Florida Supreme Court as being of great public importance pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v):

DO IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY EXTEND TO FIRST PURCHASERS FROM DEVELOPERS OF REAL ESTATE WITH COMMERCIAL STRUCTURES...

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