Summary Judgment Easier after Answer is Filed

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Getman v. Tracey Construction, Inc., 36 Fla.L.Weekly D1363a (Fla. 2d DCA 2011): prime contractor filed a three count complaint alleging breach, unjust enrichment and lien foreclosure.  Owner filed a motion to dismiss.  Before the Owner answered the Complaint, the prime filed a motion for summary judgment.  The Court held that the prime was unable to refute all of the potential defenses or issues of fact that could have been asserted in the answer if it had been filed. 


Trenton H. Cotney
Florida Bar Certified in Construction Law
Glenn Rasmussen Fogarty & Hooker, P.A.
100 S. Ashley Dr., Suite 1300
Tampa, FL 33602
(813) 229-3333
http://www.glennrasmussen.com


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