Gozzo Development, Inc. v. Anne M. Esker, Clay Lane Rental Limited Partnership, etc.

District Court of Appeal of Florida

Gozzo Development, Inc. v. Anne M. Esker, Clay Lane Rental Limited Partnership, etc.

199 So. 3d 940, 2016 WL 2908442, 2016 Fla. App. LEXIS 7650

CourtDistrict Court of Appeal of Florida

DecidedMay 18, 2016

Docket4D15-276

StatusPublished

This text of 199 So. 3d 940 (Gozzo Development, Inc. v. Anne M. Esker, Clay Lane Rental Limited Partnership, etc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gozzo Development, Inc. v. Anne M. Esker, Clay Lane Rental Limited Partnership, etc., 199 So. 3d 940, 2016 WL 2908442, 2016 Fla. App. LEXIS 7650 (Fla. Ct. App. 2016).

Pincite

Opinion

PER CURIAM.

Appellant challenges the trial court’s final summary judgment on, its complaint against appellees Coastal Windows and *941 Doors, 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.

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PER CURIAM.

Appellant challenges the trial court’s final summary judgment on, its complaint against appellees Coastal Windows and *941 Doors, 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.

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Bluebook (online)

199 So. 3d 940, 2016 WL 2908442, 2016 Fla. App. LEXIS 7650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gozzo-development-inc-v-anne-m-esker-clay-lane-rental-limited-fladistctapp-2016.