Legal Opinion

Gary McCalla and Dianne McCalla v. E. C. Kenyon Construction Company, etc.

District Court of Appeal of Florida

Decided January 14, 2016No. 1D14-5225PublishedCited by 6 opinions

1Opinion of the CourtBenton, J.

Gary McCalla asks us to reverse summary final judgment entered in favor of the contractor who built his house, E.C. Kenyon Construction Company, Inc. (Kenyon), and two of Kenyon’s principals, Douglas Herring and Timothy Young, and send the case back. Concluding he is entitled to no less, we reverse and remand for further proceedings.

In a separate case filed earlier, No. 16-2008-CA-005588, Gary and his wife, the late Dianne McCalla, sued Kenyon for breach of the construction contract, breach of express and implied warranties, and violation of the Florida Deceptive and Unfair Trade Practices…

2Cases cited24 opinions

  1. Volusia County v. Aberdeen at Ormond BeachSupreme Court of Florida · 2000
  2. Duncan v. Cessna Aircraft Co.Texas Supreme Court · 1984
  3. D'ANGELO v. FitzmauriceSupreme Court of Florida · 2003
  4. Wells v. Tallahassee Mem. Med. CenterSupreme Court of Florida · 1995
  5. Steil v. FLA. PHYSICIANS'INS. RECIPROCALDistrict Court of Appeal of Florida · 1984

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3Cited by6 opinions

  1. SE Property Holdings, LLC v. Neverve LLCCourt of Appeals for the Eleventh Circuit · 2023
  2. Nieto Villamizar v. Luna Capital PartnersDistrict Court of Appeal of Florida · 2018
  3. AMERICAN PRIME TITLE SERVICES, LLC v. ZHI WANGDistrict Court of Appeal of Florida · 2021
  4. Close Construction, LLC v. City of Riviera Beach Utility Special District, C-Solutions, Inc., and Mark DrummondDistrict Court of Appeal of Florida · 2024
  5. Damian v. Yahia Meftah Sole Prop.District Court, N.D. California · 2022

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