SPRING ISLE COMMUNITY ASSOCIATION, INC., Appellant, v. HERME ENTERPRISES, INC. AND SEMOCOR ENTERPRISES, INC., MOLAMARK CONSTRUCTION, INC., APOLLO MARBLE PRODUCTS COMPANY, INC., HIGH & LOW ELECTRIC, INC., ET AL., Appellees., 328 So. 3d 1120

Summary

HOLDINGS: [1]-In a construction defect case, the trial court erred in granting the stucco subcontractor's motion for partial final summary judgment based on the 10-year statute of repose in § 95.11, Fla. Stat. (2016) as the summary judgment evidence was insufficient, as a matter of law, to determine the number of contracts that might have existed between the developer and the subcontractor or to determine the completion date of the contract(s); in the absence of competent evidence as to the date of occurrence for each of the four triggering events set forth in § 95.11, Fla. Stat. (2016) or evidence that one or more statutory events was inapplicable, there was no way to determine which event occurred last; and, without sufficient evidence to determine the contract completion date, a genuine issue of material fact remained as to the commencement date of the repose period.