SERGIO GOMEZ, APPELLANT,
v.
ESTHER COUVERTIER, APPELLEE

Fla. 3d DCA | 1982-02-16
No. 81-1586
Before HUBBART, C. J., and SCHWARTZ and DANIEL S. PEARSON, JJ.
409 So. 2d 1174 Florida District Court of Appeal, Third District (1982) Negative Treatment
Cited by 12 cases
Topics
Breach Of Construction Contract Construction Defects Expert Testimony

Explore caselaw by topic → Browse Breach Of Construction Contract cases and more on FLexlaw

Opinion of the Court
SCHWARTZ, Judge.

SCHWARTZ, Judge.

Gomez, a general contractor, appeals from a $8,538.00 judgment entered after a non-jury trial in an action based on alleged construction defects in the residence he built for the plaintiff-appellee.

Since there was no evidence that Gomez was either expressly or impliedly obliged to do so, we agree with his claim that the court incorrectly awarded $1,500 expended for refacing non-defective steel patio columns with brick, which was accomplished simply because the plaintiff preferred that surface. Home Development Co. of St. Petersburg v. Bursani, 178 So. 2d 113 (Fla.1965).

The appellant’s other contention is that the plaintiff’s expert witness, also a general contractor, was erroneously permitted to rely upon the estimate of his tile subcontractor to establish the cost of repairing defective tile work at the home. This point is without merit. Section 90.704, Fla. Stat. (1979) (“If the facts or data are of a type reasonably relied upon by experts in the subject to support the opinion expressed, the facts or data need not be admissible in evidence.”).

For these reasons, the judgment below is reduced by $1,500 and is otherwise affirmed.

Affirmed as modified.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Riggins v. Mariner Boat Works, Inc., 545 So. 2d 430 (Fla. 2d DCA 1989)
    …s are generally permitted to express opinions which are based, at least in part, upon inadmissible [*432] information.1 Sikes v. Seaboard Coast Line R.R., 429 So. 2d 1216 (Fla. 1st DCA), review denied, 440 So. 2d 353 (Fla.1983); Gomez v. Couvertier, 409 So. 2d 1174 (Fla. 3d DCA 1982); Robinson v. Hunter, 506 So. 2d 1106 (Fla. 4th DCA), review denied, 518 So. 2d 1277 (Fla.1987). This rule is frequently utilized to permit doctors to base their medical opinions upon tests and laboratory reports which are not admi…
  • Smithson v. V.M.S. Realty, Inc., 536 So. 2d 260 (Fla. 3d DCA 1988)
    …type reasonably relied on by experts on the subject, Bender v. State, 472 So. 2d 1370 (Fla. 3d DCA 1985); Sikes v. Seaboard Coast Line R.R., 429 So. 2d 1216, 1222 (Fla. [*262] 1st DCA), review denied, 440 So. 2d 353 (Fla.1983); Gomez v. Couvertier, 409 So. 2d 1174 (Fla. 3d DCA 1982); § 90.704, Fla. Stat. (1985), the witness may not serve merely as a conduit for the presentation of inadmissible evidence. See Sikes, 429 So. 2d at 1222-23; see also 3-M Corp.—McGhan Medical Reports Div. v. Brown, 475 So. 2d 994,…
  • Bender v. State, 472 So. 2d 1370 (Fla. 3d DCA 1985)
    …1290-92 (5th Cir.1971) (en banc), cert. denied, 405 [*1372] U.S. 954, 92 S.Ct. 1168, 31 L.Ed.2d 231 (1972); Sikes v. Seaboard Coast Line Railroad Co., 429 So. 2d 1216, 1222 (Fla. 1st DCA), rev. denied, 440 So. 2d 353 (Fla.1983); Gomez v. Couvertier, 409 So. 2d 1174, 1175 (Fla. 3d DCA 1982). Accord, Edwards v. United States, 483 A. 2d 682, 685 (D.C. 1984). This principle is particularly applicable where the expert testimony involves the diagnoses and opinions of medical doctors, predicated upon medical history,…

Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw