THOMAS R. HOUSTON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Transp. Eng'g, Inc. v. Cruz, 152 So. 3d 37 (Fla. 5th DCA 2014)
  …ency/patency issue, arguing that the alleged defect in the design alternative to using crash cushions was latent, similar to the alleged defect causing a summary judgment reversal in Florida Department of Transportation v. Capeletti Brothers., Inc., 743 So. 2d 150 (Fla. 3d DCA 1999).3 The trial court unequivocally rejected Cruz’s argument in granting summary judgment for DAB, stating, “I think Slavin applies to bar that.” The trial judge expressly concluded that the defect was patent, at one point reasoning:…
• Melitina Valiente v. R.J. Behar & Co., Inc., 254 So. 3d 544 (Fla. 3d DCA 2018)
  …juries sustained by third parties when the injuries occur after the contractor completed its work, the owner of the property accepted the contractor's work, and the defects causing the injury were patent."); Fla. Dep't of Transp. v. Capeletti Bros., 743 So. 2d 150, 152 (Fla. 3d DCA 1999) (stating that "the liability of a contractor is cut off after the owner has accepted the work performed if the alleged defect is a patent defect which [*547] the owner could have discovered and remedied ") (emphasis added).…

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• McINTOSH v. Progressive Design & Eng'g, Inc., 166 So. 3d 823 (Fla. 4th DCA 2015)
  …. Under Slavin, “the liability of a contractor is cut off after the owner has accepted the work performed, if the alleged defect is a patent defect which the owner could have discovered and remedied.” Fla. Dep’t of Transp. v. Capeletti Bros., Inc., 743 So. 2d 150, 152 (Fla. 3d DCA 1999). The contractor’s work must be “fully completed before the owner becomes liable and the contractor is exonerated.” Gonsalves, 859 So. 2d at 1209. The rationale is that “ ‘[b]y occupying and re- [*829] suming possession of the…