Controlled Blasting, Inc. v. Viars

Mikell, Judge.

Controlled Blasting, Inc. (“CBI”), appeals the order granting summary judgment to defendants Ricky E. Viars, Sr., Vanmar, Inc., and Camelot Retirement Community, Inc., in this third action CBI filed to recover monies due for work performed under a contract. We reverse for the reasons set forth below.

The facts relevant to this appeal are .undisputed, and our review is de novo. CBI first filed a complaint against Vanmar on November 2, 2000, and dismissed it without prejudice on October 17, 2002. CBI filed a second complaint against Vanmar on April 10, 2003, adding as a defendant…