Aero Toy Store, Inc. v. Sherwin-Williams Co.

Aero Toy Store, Inc. (“Aero”), appeals the trial court’s dismissal with prejudice of its action against The Sherwin Williams Company (“Sherwin-Williams”). We reverse to vacate the order of dismissal.

Aero filed suit against Sherwin-Williams for Breach of Express Warranty and Breach of Implied Warranty of Merchantability for allegedly defective paint it purchased from Sherwin-Williams. Sherwin-Williams served an offer of judgment pursuant to Section 768.79, Florida Statutes (1997), offering to settle Aero’s claim. Aero declined the offer. Thereafter, Sherwin-Williams filed a motion for summary…