District Court of Appeal of Florida October 31, 2001, No. 3D00-461 (John Hancock-Gannon Joint Venture II v. McNully)

RAMIREZ, J.

In this homeowner action against an unlicensed contractor, we reverse in part because appellee Clifton F. McNully cannot enforce his contract with the owner, appellant John Hancock-Gannon, Joint Venture II, and thus, cannot assert his contractual defenses. We affirm the dismissal of the gross negligence claims.