Miles Garner v. Marlin Construction Group, LLC

• Court: District Court of Appeal of Florida
• Decided: March 7, 2025
• Docket: 6D2023-3612
• Status: Published

Opinion

SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 6D2023-3612 Lower Tribunal No. 20-CA-006616 _____________________________

MILES GARNER,

Appellant, v. MARLIN CONSTRUCTION GROUP, LLC,

Appellee. _____________________________

Appeal from the Circuit Court for Lee County. Joseph C. Fuller, Judge.

March 7, 2025

PER CURIAM.

Miles Garner appeals the entry of final summary judgment in favor of Marlin

Construction Group, LLC (“Marlin”), on his complaint to recover unpaid

commissions for the sale of Marlin’s roofing services. Based on our recent decisions

in Marlin Construction Group, LLC v. Bollinger, No. 6D23-810, 2024 WL 1432150

(Fla. 6th DCA Apr. 3, 2024), and Forrey v. Marlin Construction Group, LLC, No.

6D23-1051, 2024 WL 2490073 (Fla. 6th DCA May 24, 2024), we reverse the entry

of final summary judgment in favor of Marlin and remand this case for further

proceedings consistent with our opinion in Bollinger. REVERSED and REMANDED with instructions.

STARGEL and MIZE, JJ., and LAMBERT, B.D., Associate Judge, concur.

Celene Humphries, of Celene Humphries, PLLC, Spring City, Tennessee, and Angeli Murthy and Allison M. Rattet of Morgan & Morgan, P.A., Plantation, for Appellant.

Jack C. Morgan, III, and Scott J. Hertz, of Aloia Roland Lubell & Morgan, Fort Myers, for Appellee.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED