DYCK-O'NEAL, INC.
v.
GRIGORIY BRUTSKIY

Fla. 1st DCA | 2018-06-13
No. 17-0891
244 So. 3d 432 Florida District Court of Appeal, First District (2018)

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Holding

A trial court's dismissal of a deficiency claim must be reversed when the Florida Supreme Court's intervening decision establishes controlling precedent requiring reconsideration on the merits.


Headnotes

[1] When the Florida Supreme Court quashes a lower appellate court decision and remands with instructions to reconsider in light of intervening controlling precedent, the app…

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Facts & Procedural History

Dyck-O'Neal, Inc. brought a deficiency claim against Grigoriy Brutskiy. The trial court dismissed the case, and the matter proceeded to appeal.…

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

_____________________________ Susan B. Morrison, of Law Offices of Susan B. Morrison, P.A., and David M. Snyder, of David M. Snyder, and Joshua D. Moore, of Law Offices of Daniel C. Consuegra, Tampa, for Appellant. David P. Grigaltchik and Boris Galustov, of Grigaltchik & Galustov, P.A., Jacksonville, for Appellee.


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