Court Reversed Summary Judgment
The Weitz Company, LLC v. MCW Acquisition, LLC, 38 Fla. L. Weekly D1472a, Case No. 3D12-1976, issued on July 3, 2013. Stating that "(T)he tail goes with the hide," the court reversed summary judgment in favor of a waterproofing contractor against a contractor's claim of defective construction. The defendant subcontractor was the assignee from the original subcontractor and had contented that the contractor could not be a third-party beneficiary under that assignment. In addition, based on the applicable de novo standard of review the appellate court determined that there was a genuine issue of material fact as to the extent of the assignee's work on the construction project such that summary judgment was not applicable.
(From RPPTL Subcommittee)
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602