PHIL HARRIS CONSTRUCTION, INC.
v.
ACTION RENTALS HOLDINGS, LLC
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Phil Harris Construction appeals the denial of its motion for rehearing and an adverse summary judgment in a breach of contract action brought by Action Rentals Holdings. Although the appellant argues the contractual documents were incomplete and omitted a limitation on liability clause, the court affirms based on procedural constraints under Florida Rule of Civil Procedure 1.150 and an undeveloped record.
The court affirmed the summary judgment, holding that although the appellant's argument regarding incomplete contractual documents and missing limitation on liability provisions had some merit, procedural constraints under Florida Rule of Civil Procedure 1.150 and the undeveloped record required affirmance.
[1] A party seeking to challenge summary judgment on the ground that contractual documents are incomplete must adequately develop the record to preserve the issue for appella…
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Join FLexlaw to unlock all legal intelligence“Although appellant persuasively argues that the contractual documents filed in the lower court were incomplete and omitted an express limitation on liability, we are constrained by Florida Rule of Civil Procedure 1.150 and the undeveloped record to affirm the judgment under review.”
The core holding explaining that despite the appellant's meritorious argument, procedural constraints and record deficiencies required affirmance of the summary judgment.
Phil Harris Construction and Action Rentals Holdings were parties to a contract dispute. The contractual documents filed in the lower court were incom…
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Opinion filed November 6, 2024. Not final until disposition of timely filed motion for rehearing.
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No. 3D24-0312 Lower Tribunal No. 22-23894
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Phil Harris Construction, Inc.,
Appellant,
vs.
Action Rentals Holdings, LLC, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Wolfe Law Miami, P.A., and Richard C. Wolfe, for appellant. Pardo Jackson Gainsburg & Shelowitz, PL, Stevan J. Pardo, and Nicole R. Rekant, for appellee. Before LINDSEY, MILLER, and GOODEN, JJ. PER CURIAM. In this appeal, appellant, Phil Harris Construction, Inc., challenges the denial of a motion for rehearing and an adverse final summary judgment rendered in the underlying breach of contract action filed by appellee, Action Rentals Holdings, LLC. Although appellant persuasively argues that the contractual documents filed in the lower court were incomplete and omitted an express limitation on liability, we are constrained by Florida Rule of Civil Procedure 1.150 and the undeveloped record to affirm the judgment under review. See G & G In-Between Bridge Club Corp. v. Palm Plaza Assocs., Ltd., 356 So. 3d 292, 299 (Fla. 2d DCA 2023); Lloyd S. Meisels, P.A. v. Dobrofsky, 341 So. 3d 1131, 1135–36 (Fla. 4th DCA 2022); Rich v. Narog, 366 So. 3d 1111, 1118 (Fla. 3d DCA 2022); see also Umana v. Citizens Prop. Ins. Corp., 282 So. 3d 933, 935 (Fla. 3d DCA 2019); Knowles v. JPMorgan Chase Bank, N.A., 994 So. 2d 1218, 1219–20 (Fla. 2d DCA 2008). Affirmed.
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Phil Harris Constr., Inc. v. Action Rentals Holdings, LLC, 356 So. 3d 292 (Fla. 3d DCA 2024)…complete and omitted an express limitation on liability, we are constrained by Florida Rule of Civil Procedure 1.150 and the undeveloped record to affirm the judgment under review. See G & G In-Between Bridge Club Corp. v. Palm Plaza Assocs., Ltd., 356 So. 3d 292, 299 (Fla. 2d DCA 2023); Lloyd S. Meisels, P.A. v. Dobrofsky, 341 So. 3d 1131, 1135–36 (Fla. 4th DCA 2022); Rich v. Narog, 366 So. 3d 1111, 1118 (Fla. 3d DCA 2022); see also Umana v. Citizens Prop. Ins. Corp., 282 So. 3d 933, 935 (Fla. 3d DCA 2019);…
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Hannah v. Malk Holdings, LLC, 368 So. 3d 1087 (Fla. 2d DCA 2024)
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Lassiter v. Citizens Prop. Ins. Co., 386 So. 3d 646 (Fla. 2d DCA 2024)
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ross v. Citizens Prop. Ins. Corp., 366 So. 3d 1130 (Fla. 3d DCA 2024)
- Knowles v. Jpmorgan Chase Bank, 994 So. 2d 1218 (Fla. 2d DCA 2008)
- Lloyd Meisels, P.A. v. Dobrofsky, 341 So. 3d 1131 (Fla. 4th DCA 2022)
- Smith v. Lydie Ladouceur Smith (Fla. 3d DCA 2021)
- Phil Harris Constr., Inc. v. Action Rentals Holdings, LLC, 356 So. 3d 292 (Fla. 3d DCA 2024)