CITY OF OKEECHOBEE v. LA GROW IRR., INC.

No. 82-2118.

434 So.2d 995 (1983)

CITY OF OKEECHOBEE, Appellant, v. LA GROW IRRIGATION, INC., Robert T. Owen & Associates, Inc., and Cincinnati Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 12, 1983.


Attorney(s) appearing for the Case

Gerald Lefebvre of Conlon & Tooker, Okeechobee, for appellant.

James E. Tompkins of Davis & Tompkins, P.A., Lake Placid, and Michael J. Trombley of Trombley, Matheny & Schommer, Sebring, for appellees.


LETTS, Judge.

We are of the opinion that several issues of material fact remain unresolved in this case which precludes the entry of a summary judgment. We, therefore, reverse.

The trial court predicated its ruling on the sole ground that the owner's engineer-supervisor specifically approved the plans, specifications and the actual construction of a new building. As the trial judge reasoned, the approval released the general contractor from any and all liability...

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