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HANCOCK-GANNON JOINT VENTURE II v. McNULLY

No. 3D00-461.

800 So.2d 294 (2001)

JOHN HANCOCK-GANNON JOINT VENTURE II, Appellant, v. Clifton F. McNULLY d/b/a Mac's Commercial Roofing, a/k/a Mac's Roofing Company, by and through his Special Administrator, William C. Ayres; E.J.H. Construction, Inc.; Horizon Roofing, Inc.; and Edward J. Hernandez, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 5, 2001.

Attorney(s) appearing for the Case

Larson, King, and Lowry Barfield, Miami, and Adam B. Leichtling, for appellant.

McLuskey, McDonald & Payne, and Mark J. Stose, Miami; and Riley, Knoerr & Emanuel, and Jacqueline Emanuel, Fort Lauderdale, for appellees.

Before GREEN, SHEVIN, and RAMIREZ, JJ.

RAMIREZ, J.

In this homeowner action against an unlicensed contractor, we reverse in part because appellee Clifton F. McNully cannot enforce his contract with the owner, appellant John Hancock-Gannon, Joint Venture II, and thus, cannot assert his contractual defenses. We affirm the dismissal of the gross negligence claims.

The owner hired McNully, a roofing contractor, to repair damage to the roof of its apartment complex caused by Hurricane Andrew. McNully...

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