Opinion
Case Nos. 3D02-2386, 3D02-3394,3D02-1873.
Opinion filed March 12, 2003.
Appeals from the Circuit Court for Miami-Dade County, Jon I. Gordon, Judge. Lower Tribunal No. 01-17140.
McAlpin Brais and Keith Brais and James J. Feeney, for appellant.
Houck, Hamilton Anderson and David Gambach and Andrew Anderson, Miami, for appellee, HMY Yacht Sales, Inc.; Kiesel, Hughes Johnston and Richard Johnston, Fort Myers, for appellee, The Last Detail Inc. of Palm Beach.
Before SCHWARTZ, C.J., LEVY and SHEVIN, JJ.
We reverse the summary judgments entered in favor of defendants HMY Yacht Sales, Inc., and The Last Detail Inc. of Palm Beach. There are genuine unresolved issues of fact as to defendants' liability for the fire that resulted in the destruction of the vessel. See Holl v. Talcott, 191 So.2d 40 (Fla. 1966); Meeks v. Florida Power Light Co., 816 So.2d 1125, 1129-30 (Fla. 5th DCA 2002), review granted, No. SC02-1033 (Fla. Feb. 12, 2003); Birwelco-Montenay, Inc. v. Infilco Degremont, Inc., 827 So.2d 255 (Fla.3d DCA 2001); Bitz v. Ed Knox CLU Assoc., 721 So.2d 823 (Fla.3d DCA 1998); Marine Office-Appleton Cox Corp. v. Aqua Dynamics, Inc., 295 So.2d 370 (Fla.3d DCA 1974);Pegg v. Bertram, 176 So.2d 918 (Fla.3d DCA 1965).
In addition, we reverse the attorney's fees awarded under sections 57.041 and 768.79, Florida Statutes (2001), as the basis for the award has been reversed. See Key v. Angrand, 638 So.2d 628 (Fla.3d DCA 1994). As to the section 57.105, Florida Statutes (2001), fees awarded to HMY, we reverse the award as the negligence count was not completely lacking in merit. Plaintiff Insurance Company of North America's negligence count against HMY does allege more than mere negligent selection of the cleaning company. See Read v. Taylor, 832 So.2d 219 (Fla. 4th DCA 2002). On remand, INA shall be given leave to amend the complaint so that it clearly comports with its assertions as to defendants' alleged negligence in failing to turn off the light before leaving the vessel.
Reversed and remanded.