Phil Harris Construction, Inc. v. Action Rentals Holdings, LLC

• Court: District Court of Appeal of Florida
• Decided: November 6, 2024
• Docket: 3D2024-0312
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed November 6, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-0312 Lower Tribunal No. 22-23894 ________________

Phil Harris Construction, Inc., Appellant,

vs.

Action Rentals Holdings, LLC, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge.

Wolfe Law Miami, P.A., and Richard C. Wolfe, for appellant.

Pardo Jackson Gainsburg & Shelowitz, PL, Stevan J. Pardo, and Nicole R. Rekant, for appellee.

Before LINDSEY, MILLER, and GOODEN, JJ.

PER CURIAM. In this appeal, appellant, Phil Harris Construction, Inc., challenges the

denial of a motion for rehearing and an adverse final summary judgment

rendered in the underlying breach of contract action filed by appellee, Action

Rentals Holdings, LLC. Although appellant persuasively argues that the

contractual documents filed in the lower court were incomplete and omitted

an express limitation on liability, we are constrained by Florida Rule of Civil

Procedure 1.150 and the undeveloped record to affirm the judgment under

review. See G & G In-Between Bridge Club Corp. v. Palm Plaza Assocs.,

Ltd., 356 So. 3d 292, 299 (Fla. 2d DCA 2023); Lloyd S. Meisels, P.A. v.

Dobrofsky, 341 So. 3d 1131, 1135–36 (Fla. 4th DCA 2022); Rich v. Narog,

366 So. 3d 1111, 1118 (Fla. 3d DCA 2022); see also Umana v. Citizens Prop.

Ins. Corp., 282 So. 3d 933, 935 (Fla. 3d DCA 2019); Knowles v. JPMorgan

Chase Bank, N.A., 994 So. 2d 1218, 1219–20 (Fla. 2d DCA 2008).

Affirmed.