BOULEVARD AUTO SALES OF THE KEYS INC v. JACK BRIER GENERAL CONTRACTOR INC (2002)

District Court of Appeal of Florida,Third District.

BOULEVARD AUTO SALES OF THE KEYS, INC., Appellant, v. JACK BRIER GENERAL CONTRACTOR, INC., Appellee.

No. 3D01-3131.

Decided: April 24, 2002

Before JORGENSON, SHEVIN, and SORONDO, JJ.

Robert B. Goldman (Key West), for appellant. Greenman & Manz and Franklin D. Greenman (Marathon), for appellee.

Boulevard Auto Sales of the Keys, Inc., the defendant below, appeals from a final judgment for the plaintiff following a non-jury trial. We affirm.

Where, as here, an automobile dealer agrees to provide a service warranty in the sales contract, but is unable to procure one from an authorized service warranty provider, see section 634.403(1), Florida Statutes (1996), the dealer itself must fulfill the terms of the warranty as set forth in the sales contract.

AFFIRMED.

PER CURIAM.

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