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Dyck-O'Neal, Inc. v. Nguyen

Citation: 262 So. 3d 884Docket: No. 1D17-203

Court: District Court of Appeal of Florida; February 4, 2019; Florida; State Appellate Court

Narrative Opinion Summary

The Florida Supreme Court quashed the prior decision in this case and remanded it for reconsideration based on the ruling in Dyck-O'Neal, Inc. v. Lanham, 257 So.3d 1 (Fla. 2018). Following this directive, the court reversed the trial court's dismissal order and remanded the case for a merits determination regarding Dyck-O'Neal's deficiency claim. The decision was concurred by Chief Justice B.L. Thomas and Justices Lewis and Makar.

Legal Issues Addressed

Reconsideration of Case Based on Higher Court Ruling

Application: The Florida Supreme Court directed the reconsideration of the case based on its prior ruling in Dyck-O'Neal, Inc. v. Lanham, necessitating a reassessment of the trial court's decision.

Reasoning: The Florida Supreme Court quashed the prior decision in this case and remanded it for reconsideration based on the ruling in Dyck-O'Neal, Inc. v. Lanham, 257 So.3d 1 (Fla. 2018).

Reversal of Trial Court's Dismissal Order

Application: The appellate court reversed the trial court's order dismissing the case, indicating that the case should proceed to a determination on the merits.

Reasoning: Following this directive, the court reversed the trial court's dismissal order and remanded the case for a merits determination regarding Dyck-O'Neal's deficiency claim.