DYCK-O'NEAL, INC.
v.
JACOB KRAWIEC KAYELA KRAWIEC

Fla. 1st DCA | 2018-06-13
No. 17-0508
244 So. 3d 432 Florida District Court of Appeal, First District (2018)

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Holding

The trial court's dismissal of Dyck-O'Neal's deficiency claim must be reversed and the matter remanded for determination on the merits in light of the controlling precedent established in Dyck-O'Neal v. Lanham.


Headnotes

[1] When a supreme court quashes an appellate court decision and remands with instructions to reconsider in light of intervening controlling precedent, the appellate court mu…

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Facts & Procedural History

Dyck-O'Neal, Inc. appealed a trial court dismissal order in a deficiency claim action against Jacob Krawiec and Kayela Krawiec. The Florida Supreme Co…

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Opinion of the Court

The Florida Supreme Court has quashed the decision in this case and remanded with instructions that we reconsider the matter in light of its decision in Dyck-O’Neal, Inc. v. Lanham, 43 Fla. L. Weekly S278 (Fla. July 5, 2018). In compliance with the Florida Supreme Court's directive, we reverse the trial court’s dismissal order and remand this case for determination on the merits of Dyck-O’Neal’s deficiency claim.

REVERSED and REMANDED. B.L. THOMAS, C.J., and LEWIS and MAKAR, JJ., concur.

2

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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