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SCHERER v. VILLAS DEL VERDE HOMEOWNERS

No. 2D09-5547.

55 So.3d 602 (2011)

Clark H. SCHERER, III, Appellant, v. The VILLAS DEL VERDE HOMEOWNERS ASSOCIATION, INC., Appellee.

District Court of Appeal of Florida, Second District.

January 19, 2011.

Attorney(s) appearing for the Case

Raymond T. Elligett, Jr. of Buell & Elligett, P.A., Tampa, and Victor W. Holcomb and Brian A. Leung of Holcomb & Associates, Tampa, for Appellant.

Brian P. Deeb and Nicole E. Durkin of Deeb & Durkin, P.A., St. Petersburg, for Appellee.

NORTHCUTT, Judge.

The circuit court determined that Clark H. Scherer, III, the qualifying agent for a contractor, failed in his statutory obligation to supervise the contractor's construction of the Villas Del Verde townhome project. The court entered a judgment against Scherer for damages stemming from defects in the construction. But the Florida Supreme Court has held that a qualifying agent's failure to perform his statutory duty does not give rise to a private...

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