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Epic Hotel, LLC v. Culligan Int'l Co.

District Court of Appeal of Florida, Third District.
Mar 25, 2015

PER CURIAM.

An Appeal from the Circuit Court for Miami–Dade County, Jennifer D. Bailey, Judge.


Stearns Weaver Miller Weissler Alhadeff & Sitterson, and Eugene E. Stearns, Kelly R. Melchiondo and Maria A. Fehretdinov, for appellant. Sedgwick LLP and Robert C. Weill, Ramón Abadin and Eric L. Lundt, for appellees.
Before SHEPHERD, C.J., and FERNANDEZ and LOGUE, JJ.

PER CURIAM.



Affirmed. See Tiara Condo. Ass'n, Inc. v. Marsh & McLennan Co., Inc., 110 So.3d 399, 407 (Fla.2013) (“[T]he economic loss rule applies only in the products liability context.”); Casa Clara Condo. Ass'n, Inc. v. Charley Toppino & Sons, Inc., 620 So.2d 1244, 1247 (Fla.1993) (“The character of a loss determines the appropriate remedies, and, to determine the character of a loss, one must look to the product purchased by the plaintiff, not the product sold by the defendant.”) (emphasis added); see also, East River S.S. Corp. v. Transamerica Delaval, Inc., 476 U.S. 858, 872, 106 S.Ct. 2295, 90 L.Ed.2d 865 (1986) (“Damage to a product itself ... means simply that the product has not met the customer's expectations, or, in other words, that the customer has received ‘insufficient product value.’ ”).