Scungio Borst v. 410 Shurs Lane Developers, LLC

DISSENTING OPINION BY

BENDER, P.J.E.:

I respectfully dissent. I disagree with the Majority’s • affirmance of the trial court’s grant of summary judgment in favor of Robert DeBolt, president and fifty percent shareholder of 410 Shurs Lane Developers, LLC (410 SLD), in the suit filed by Scungio Borst & Associates (SBA) to recover sums due it for unpaid work in connection with a construction contract. Because I believe that the Majority’s opinion neglects to include the “agents of the *111owner acting within their authority” language in defining the term “owner” as defined in the Contractor and…