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Court Reversed Summary Judgment

The Weitz Company, LLC v. MCW Acquisition, LLC, 38 Fla. L. Weekly D1472a, Case No. 3D12-1976, issued on July 3, 2013. Stating that “(T)he tail goes with the hide,” the court reversed summary judgment in favor of a waterproofing contractor against a contractor’s claim of defective construction. The defendant subcontractor was the assignee from the original subcontractor and had contented that the contractor could not be a third-party beneficiary under that assignment. In addition, based on the applicable de novo standard of review the appellate court determined that there was a genuine issue of material fact as to the extent of the assignee’s work on the construction project such that summary judgment was not applicable.

(From RPPTL Subcommittee)