Hollywood Appliances, Inc. v. Rutenberg

We reverse the final summary judgment entered below because there are genuine, material issues of fact that remain to be resolved. See Allstate Insurance Combany v. Powell, 420 So.2d 113 (Fla. 4th DCA 1982). An important issue before the trial court was whether the contract between the parties constituted a “same direct contract” as contemplated by section 713.09, Florida Statutes (1987). An affirmative holding on this issue would permit appellant to file a single claim for mechanic’s liens against various properties contemplated by the contract. The trial court ruled as a matter of law that…