Summary Judgement Reversed Due to Conflicting Testimony

By Anonymous -
Plantation Key Office Park, LLLP et. al. v. Pass International, Inc., et. al., 38 Fla. L. Weekly D736a, Case No. 4D12-169 and 4D12-199, issued April 3, 2013: Following a fire during construction, owner sued contractor and subcontractors for reformation (as well as breach of contract, negligence and statutory violations). On the issue of reformation, the trial court granted summary judgment against owner on the issue of whether A201 (the general conditions that prohibit consequential damages) was incorporated in the A111 contract signed by the parties. Based on conflicting testimony of the parties on this issue, the summary judgment was reversed based on the trial court's inability to determine credibility of the witnesses at that point. Citing its own decision in the analogous case of Resort of Indian Spring, Inc., v. Indian Spring County Club, Inc., 747 So. 2d 974 (Fla. 4th DCA 1999), the appellate court found the summary judgment to be improper.
(From RPPTL Subcommittee)
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

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