GOZZO DEVELOPMENT, INC., APPELLANT,
v.
ANNE M. ESKER, CLAY LANE RENTAL LIMITED PARTNERSHIP, A NEVADA LIMITED PARTNERSHIP, BRENT G. WOLMER, P.A., ROBERT M. WEINBERGER, P.A., KENNETH J. SCHERER, P.A., DAVID B. NORRIS, P.A., LAW OFFICE OF FRED C. COHEN, P.A., D/B/A COHEN, NORRIS, SCHERER, WEINBURGER & WOLMER, PROFESSIONAL ROOFING CONTRACTORS, INC., TURQUOISE CONSULTING, INC., COASTAL WINDOWS AND DOORS, INC., STONE IMAGE, INC., AND BULLDOG FENCE, INC., APPELLEES
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The court reversed summary judgment on the indemnity claim because material facts remained regarding whether statutory liability protections applied, but affirmed summary judgment on the contribution claim because appellant's right to contribution had not yet arisen when the joint and several liability statute became effective.
Summary judgment was improper on the indemnity claim because material facts existed regarding statutory liability exceptions, but proper on the contribution claim because the right to contribution had not accrued before the effective date of the joint and several liability statute.
[1] A statutory liability exception under section 553.84, Florida Statutes, requires factual showings that preclude summary judgment when material facts remain unaddressed in…
[2] A statutory building code provision limiting liability for statutory violations does not preclude liability for breach of contractual duties to adhere to local building s…
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Join FLexlaw to unlock all legal intelligenceGozzo Development sued Coastal Windows and Doors, Inc. and Stone Image, Inc. for indemnity and contribution regarding construction defects liability.…
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Appellant challenges the trial court’s final summary judgment on, its complaint against appellees Coastal Windows and *941Doors, Inc., and Stone Image, Inc., for indemnity and contribution to its liability for construction defects. We agree with appellant that there remained issues of material fact as to whether section 553.84, Florida Statutes (2005), precluded appellant from seeking indemnification. The exception to liability in section 553.84 requires a showing as to various facts, many of which were not addressed in the record.
Further, as appellant sought indemnity for violations of both statutory and non-statutory building standards, it was error to grant summary judgment on the indemnity claim under a provision that applies only to statutory liability. The Statutory building code does not preclude liability for violating a contractual duty to adhere to local building standards. See id,
However, we affirm the trial court’s summary judgment on the contribution claim, as appellant’s right to contribution had not arisen by the effective date of the revised statute barring joint and several liability.
Affirmed in part; reversed in part and remanded for further proceedings.
WARNER, CONNER and FORST, JJ., concur.