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

District Court of Appeal of Florida·Decided May 18, 2016·No. 4D15-276·Published

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.

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

199 So. 3d 940 (Gozzo Development, Inc. v. Anne M. Esker, Clay Lane Rental Limited Partnership, etc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.