International Construction Consultants, Inc. & David E. McCulla v. Joel W. Match

Summary

The Florida Second District Court of Appeal reversed a final summary judgment in favor of Joel W. Match in a contract dispute over payment for construction consulting services. The court held that conflicting evidence about whether David E. McCulla acted as a consultant or as an unlicensed general contractor created genuine issues of material fact under section 489.128(1), Florida Statutes, requiring further proceedings.

Holdings

1. Summary judgment was improper because the record contained conflicting depositions, documents, and affidavits concerning whether McCulla merely provided consulting services or acted as the project's general contractor.
2. Because summary judgment was entered before the effective date of the amendments to Florida Rule of Civil Procedure 1.510, the former summary-judgment standard governed the appeal.

Questions Presented

1. Whether the circuit court properly granted summary judgment on the ground that McCulla acted as an unlicensed contractor under section 489.128(1), Florida Statutes.
2. Whether disputed evidence concerning McCulla's role in the construction project created a genuine issue of material fact precluding summary judgment.

Disposition

reversed_and_remanded