Winner FL, LLC v. Apac-Florida, Inc.

Winner FL, LLC, (“Winner”), appeals a summary final judgment entered in favor of APAC-Florida, Inc., (“APAC”), in the foreclosure of a mechanics lien initiated by APAC. APAC is a paving contractor that contracted with Winner to resurface Winner’s hotel parking area and complete other construction items. We reverse because issues of fact remain.1

The unresolved issues should have precluded the trial court from granting summary judgment to APAC, the movant, who had the burden of proving conclusively the non-existence of any genuine issue of material fact. E.g., City of Cocoa v. Leffler, 762…