LODGE CONSTRUCTION, INC. AND AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA, APPELLANTS,
v.
MONROE COUNTY, FLORIDA AND BENDER & ASSOCIATES, INC., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court reversed summary judgment for Monroe County on breach of contract liability and directed verdict for architect Bender because deposition testimony of Lodge's principal raised genuine issues of material fact precluding summary judgment.
Summary judgment on breach of contract liability and directed verdict on professional negligence must be reversed where deposition testimony of the defendant contractor's principal raises genuine issues of material fact.
[1] Summary judgment on breach of contract is improper where deposition testimony of the defendant contractor's principal raises genuine issues of material fact regarding con…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceLodge Construction was hired to construct a project in Monroe County. During construction, disputes arose regarding contract performance and alleged d…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Abuse Of Discretion Standard For Evidence Admission cases and more on FLexlaw
PER CURIAM.
The defendants, Lodge Construction, Inc. [Lodge] and its surety, American Casualty Company of Reading Pennsylvania, appeal from a partial final summary judgment entered in favor of Monroe County on the issue of liability finding that Lodge breached the construction contract. We reverse finding that the deposition testimony of Michael Dunn, Lodge’s principal, raised genuine issues of material fact that precluded the entry of summary judgment. Fla. R. Civ. P. 1.510(c). Further, because the directed verdict on the issue of professional negligence granted in favor of the architect, Bender & Associates, Inc. [Bender], was predicated on the summary judgment entered against Lodge, we also reverse the final judgment entered in favor of Bender. Although not necessary for the disposition of this case, we choose to address an evidentiary issue raised by Lodge that will recur on remand. Lodge contends that the trial court abused its discretion by excluding evidence of Bender’s alleged window design defects. We find that the trial court acted within its discretion where these defects affected the project after Lodge had already stopped construction on it. Hendry v. Zelaya, 841 So. 2d 572, 575 (Fla. 3d DCA 2003)(“A trial court has broad discretion concerning the admissibility of evidence and its rulings will not be disturbed absent an abuse of discretion.”) (citations omitted).
Because a new trial on liability and damages is warranted, we do not address the remaining issues raised on direct appeal or on Monroe County’s cross-appeal.
Reversed and remanded for a new trial.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Wilson v. Wilson, 992 So. 2d 395 (Fla. 1st DCA 2008)…sue for the disposition of this case. Nevertheless, because this issue will recur on remand, we choose to address it to provide guidance on remand. See, e.g., Pangburn v. State, 661 So. 2d 1182, 1189 (Fla.1995); Lodge Constr., Inc. v. Monroe County, 891 So. 2d 568, 569 (Fla. 3d DCA 2004). As this court explained in Stevens v. Stevens, 651 So. 2d 1306, 1307 (Fla. 1st DCA 1995): Equitable distribution of marital assets should take into account the appreciated value of a non-marital asset caused by the expendi…
Authorities Cited
- Hendry v. Zelaya, 841 So. 2d 572 (Fla. 3d DCA 2003)