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SKYLINE COMPUTER CORP. v. ENCORE COMPUTER CORP.

No. 96-3782.

699 So.2d 1048 (1997)

SKYLINE COMPUTER CORPORATION, a California Corporation, Appellant, v. ENCORE COMPUTER CORPORATION, a Delaware Corporation, and Amdahl Corporation, a Delaware Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

October 8, 1997.

Attorney(s) appearing for the Case

David L. Dawson of Bond, Schoeneck & King, P.A., Naples, for appellant.

Mark P. Dikeman of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., Miami, for appellees.

PER CURIAM.

Appellant waived the issue that the limited warranty providing for repair or replacement failed of its essential purpose by its failure to raise it in the pleadings. See Burton v. Linotype Co., 556 So.2d 1126, 1128 (Fla. 3d DCA 1989). For this reason, we do not reach the question of whether damages are recoverable under sections 672.714 and 672.715, Florida Statutes (1995), when a limited warranty has failed of...

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