Miles Garner, Appellant, v. LLC (2025)

District Court of Appeal of Florida, Sixth District.

Miles Garner, Appellant, v. Marlin Construction Group, LLC, Appellee.

Case No. 6D2023-3612

Decided: March 07, 2025

Celene Humphries, of Celene Humphries, PLLC, Spring City, Tennessee, and Angeli Murthy and Allison M. Rattet of Morgan & Morgan, P.A., Plantation, for Appellant. Jack C. Morgan, III, and Scott J. Hertz, of Aloia Roland Lubell & Morgan, Fort Myers, for Appellee.

Miles Garner appeals the entry of final summary judgment in favor of Marlin Construction Group, LLC (“Marlin”), on his complaint to recover unpaid commissions for the sale of Marlin's roofing services. Based on our recent decisions in Marlin Construction Group, LLC v. Bollinger, No. 6D23-810, 2024 WL 1432150 (Fla. 6th DCA Apr. 3, 2024), and Forrey v. Marlin Construction Group, LLC, No. 6D23-1051, 2024 WL 2490073 (Fla. 6th DCA May 24, 2024), we reverse the entry of final summary judgment in favor of Marlin and remand this case for further proceedings consistent with our opinion in Bollinger.

REVERSED and REMANDED with instructions.

PER CURIAM.

STARGEL and MIZE, JJ., and LAMBERT, B.D., Associate Judge, concur.

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