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Casa Clara Condominium Association, Inc. v. Charley Toppino & Sons, Inc.

Florida Supreme Court
620 So. 2d 1244 (Fla. 1993)


Charley Toppino & Sons, Inc. (Toppino) (defendant) was a concrete supplier. It supplied concrete used in the building of condominiums owned by Casa Clara Condominium Association, Inc. (Condo Association) (plaintiff). Some of the concrete supplied by Toppino contained a high amount of salt that caused reinforcing steel inserted in the concrete to rust, which caused the concrete to crack and break off. The Condo Association allegedly suffered damage from the breaking concrete, and brought suit against Toppino for breach of common law implied warranty, products liability, negligence, and violation of the building code. The circuit court dismissed all counts against Toppino, and the Condo Association appealed. On appeal, the district court held that because no person was injured, the Condo Association had no cause of action against Toppino in tort. Additionally, the district court held that because Toppino was a supplier, it had no duty to comply with the building code. The Condo Association appealed.

Rule of Law


Holding and Reasoning (McDonald, J.)

Concurrence/Dissent (Barkett, C.J.)

Concurrence/Dissent (Shaw, J.)

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