DYCK-O'NEAL, INC.
v.
JACOB KRAWIEC KAYELA KRAWIEC

Fla. 1st DCA | 2019-02-05
No. 17-0508
Gerald Mann
262 So. 3d 883 Florida District Court of Appeal, First District (2019)

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Holding

Following remand from the Florida Supreme Court, the trial court's dismissal of a deficiency claim must be reversed and the case remanded for determination on the merits.


Headnotes

[1] When the Florida Supreme Court quashes a lower appellate court's decision and remands with instructions to reconsider in light of intervening controlling precedent, the a…

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Facts & Procedural History

Dyck-O'Neal, Inc. appealed a dismissal order entered by the Duval County Circuit Court regarding a deficiency claim. The case was remanded to the Firs…

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Opinion of the Court

The Florida Supreme Court has quashed the decision in this case and remanded with instructions that we reconsider the matter in light of its decision in Dyck-O’Neal, Inc. v. Lanham, 43 Fla. L. Weekly S278 (Fla. July 5, 2018). In compliance with the Florida Supreme Court's directive, we reverse the trial court’s dismissal order and remand this case for determination on the merits of Dyck-O’Neal’s deficiency claim.

REVERSED and REMANDED. B.L. THOMAS, C.J., and LEWIS and MAKAR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Susan B. Morrison, of Law Offices of Susan B. Morrison, P.A., and David M. Snyder, of David M. Snyder, and Joshua D. Moore, of Law Offices of Daniel C. Consuegra, Tampa, for Appellant. Adam B. Schemer, Jacksonville, for Appellee.


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