GETMAN v. TRACEY CONST., INC.

No. 2D10-2318.

62 So.3d 1289 (2011)

Daniel GETMAN, Appellant, v. TRACEY CONSTRUCTION, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Second District.

June 24, 2011.


Attorney(s) appearing for the Case

Matthew S. Toll of Lusk, Drasites, Tolisano & Smith, P.A., Cape Coral, for Appellant.

Debra Potter Klauber of Haliczer, Pettis & Schwamm, Fort Lauderdale, for Appellee.


BLACK, Judge.

Daniel Getman appeals the final summary judgment and award of damages entered in favor of Tracey Construction, Inc., in a breach of contract action. Because Tracey Construction failed to establish that it was entitled to summary judgment, we reverse. We do not reach the issue of whether the trial court erred in awarding damages without first holding an evidentiary hearing because we hold that Tracey Construction was not entitled to summary judgment at...

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