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Florida Small Bus. v. Miami Shipyards

District Court of Appeal of Florida, Third District
Jun 7, 1965
175 So. 2d 46 (Fla. Dist. Ct. App. 1965)

Opinion

No. 64-590.

May 4, 1965. Rehearing Denied June 7, 1965.

Appeal from the Circuit Court for Dade County, Pat Cannon, J.

Blackwell, Walker Gray and Melvin T. Boyd, Miami, for appellant.

Wakefield Underwood, Miami, for appellee.

Before BARKDULL, C.J., and CARROLL and HENDRY, JJ.


The plaintiff below appeals from an adverse judgment in an action brought on a bailment contract, and contends the court erred (1) in directing a verdict for the defendant and (2) in excluding certain proffered testimony. We find those contentions to be without merit and affirm.

The subject of the alleged bailment was a boat moored to a dock in defendant's boatyard. There was no "complete delivery" to the defendant, essential to a bailment, because for some two weeks prior to the time the boat sank the plaintiff-owner had placed it in possession and control of an employee to prepare it for sale, and, after him, in the possession and control of the crew of a prospective purchaser, consisting of a captain, engineer, and another employee. No breach of duty by the defendant was established. See Dunwoody v. Saunders, 50 Fla. 202, 39 So. 965; Coombs v. Rice, 64 Fla. 202, 59 So. 958; Stegemann v. Miami Beach Boat Slips, Inc., 5 Cir. 1954, 213 F.2d 561, 565. As to the remaining contention, relating to exclusion of evidence, the error if any was harmless.

No reversible error having been made to appear, the judgment appealed from is hereby affirmed.

Affirmed.


Summaries of

Florida Small Bus. v. Miami Shipyards

District Court of Appeal of Florida, Third District
Jun 7, 1965
175 So. 2d 46 (Fla. Dist. Ct. App. 1965)
Case details for

Florida Small Bus. v. Miami Shipyards

Case Details

Full title:FLORIDA SMALL BUSINESS CORPORATION, A FLORIDA CORPORATION, APPELLANT, v…

Court:District Court of Appeal of Florida, Third District

Date published: Jun 7, 1965

Citations

175 So. 2d 46 (Fla. Dist. Ct. App. 1965)

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