BCB MANAGEMENT, LLC
v.
JESSICA DUGGAN, PATRICK J. DUGGAN, BETSY HARRINGTON, ARTHUR RUTTENBERG HOMES, INC., SOVRAN BUILDING SYSTEMS, INC., CALEB STUCCO, INC., AND APEX TECHNOLOGY

Fla. 1st DCA | 2019-05-22
No. 18-2801
Graves, Higginbotham, Higginson
272 So. 3d 380 Florida District Court of Appeal, First District (2019)

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Holding

Summary judgment is improper when factual disputes exist regarding whether construction defects caused property damage and the extent of damages claimed by the plaintiff.


Headnotes

[1] Summary judgment is inappropriate when genuine issues of material fact exist regarding causation and the extent of damages in a construction defect case.

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Facts & Procedural History

BCB Management, LLC sued multiple defendants including homeowners and construction-related companies alleging construction defects. The trial court gr…

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Opinion of the Court

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

_____________________________

J. Michael Grimley, Jr. and M. Austin Moretz of Galloway, Johnson, Tompkins, Burr & Smith, PLC, Pensacola, for Petitioner. Robert A. Goodwin III of Robert A. Goodwin III, P.A., Fort Walton Beach; Lewis J. Conwell of Conwell Business Law, Tampa; D. Randall Briley of Briley & Deal, LLC, Jacksonville Beach; Clay Whittaker of Cole, Scott & Kissane, P.A., Pensacola, for Respondents.


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