Phillips v. Republic Financial Corp.

LAWSON, J.,

specially concurring.

I agree that a disputed issue of material fact exists with regard to whether the painted-over skylight was a latent defect. See, e.g., Pep Boys-Manny, Moe & Jack, Inc. v. Four Seasons Commercial Maint., Inc., 891 So.2d 1160, 1161 (Fla. 4th DCA 2005) (“Where a jury could find from the evidence that a defect is latent, summary judgment should not be entered.” (citation omitted)). Appellees argue that the nature of the defect was patent because the injured contractor could have discovered it had he exercised reasonable care. See, e.g., Kala Invs., Inc. v. Sklar,…