Narrative Opinion Summary
The final order of dismissal in the present case is reversed and the case is remanded with instructions to reinstate the complaint, following the precedent established in Dyck-O'Neal, Inc. v. McKenna, 198 So.3d 1038 (Fla. 4th DCA 2016). Additionally, conflict is certified with Higgins v. Dyck-O'Neal, Inc., 201 So.3d 157 (Fla. 1st DCA 2016), consistent with the approach taken in McKenna. Judges Taylor, May, and Damoorgian concur with this decision.
Legal Issues Addressed
Certification of Conflict Between Districtssubscribe to see similar legal issues
Application: The court certified a conflict with a decision from another district court of appeal, indicating differing interpretations of the law between districts.
Reasoning: Additionally, conflict is certified with Higgins v. Dyck-O'Neal, Inc., 201 So.3d 157 (Fla. 1st DCA 2016), consistent with the approach taken in McKenna.
Judicial Concurrencesubscribe to see similar legal issues
Application: The decision to reverse and remand is supported by the concurring opinions of the judges involved in the appellate decision.
Reasoning: Judges Taylor, May, and Damoorgian concur with this decision.
Reversal of Final Order of Dismissalsubscribe to see similar legal issues
Application: The appellate court reversed the trial court's final order of dismissal, requiring the complaint to be reinstated, in alignment with a specific precedent.
Reasoning: The final order of dismissal in the present case is reversed and the case is remanded with instructions to reinstate the complaint, following the precedent established in Dyck-O'Neal, Inc. v. McKenna, 198 So.3d 1038 (Fla. 4th DCA 2016).