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WEITZ CO., LLC v. MCW ACQUISITION, LLC

No. 3D12-1976.

116 So.3d 623 (2013)

The WEITZ COMPANY, LLC, Appellant, v. MCW ACQUISITION, LLC, etc., Appellee.

District Court of Appeal of Florida, Third District.

July 3, 2013.

Attorney(s) appearing for the Case

Vincent F. Vaccarella , Aventura, and Craig R. Lewis , Miami, for appellant.

Lewis Brisbois Bisgaard & Smith, and Kevin M. Vannatta and Sorraya M. Solages , Fort Lauderdale, for appellee.

Before SUAREZ, ROTHENBERG and SALTER, JJ.

SALTER, J.

The Weitz Company, LLC, a general contractor, appeals a final summary judgment in favor of a waterproofing subcontractor, MCW Acquisitions, LLC. We reverse, finding that a legal issue and genuine issues of material fact precluded summary judgment.

The Project, the Subcontract, the Acquisition, and the Prior Lawsuit

Weitz was the general contractor for an assisted care living facility known as Classic Residences by Hyatt at Aventura...

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