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ROSENBERG v. CAPE CORAL PLUMBING, INC.

No. 2D04-1736.

920 So.2d 61 (2005)

Peter L. ROSENBERG, d/b/a Monopoly Builders, Appellant, v. CAPE CORAL PLUMBING, INC., Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 16, 2006.

Attorney(s) appearing for the Case

Robert L. Donald of Law Office of Robert L. Donald, Fort Myers, and William C. Merchant of Warchol, Merchant, Rollings, Buckley & Pohl, LLP, Cape Coral, for Appellant.

Jeffrey D. Kottkamp and Bernard J. O'Donnell, Jr., of Henderson, Franklin, Starnes & Holt, P.A., Fort Myers, for Appellee.

CANADY, Judge.

Peter L. Rosenberg, d/b/a Monopoly Builders, appeals a trial court order granting summary judgment in favor of Cape Coral Plumbing, Inc. For the following reasons, we reverse in part the final summary judgment.

I. Background

Monopoly, a general contractor in Cape Coral, Florida, hired Cape Coral Plumbing to install plumbing in a house Monopoly was constructing. The day after Cape Coral Plumbing performed some "trim" work on...

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