ST. AUGUSTINE POOLS, INC., APPELLANT,
v.
JOHNSON & BAILEY ALUMINUM AND CARPET, INC., ETC., AND RICHARD A. CAPUTO, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
St. Augustine Pools appeals a jury verdict holding it liable to Johnson & Bailey Aluminum for material and services provided in constructing a screened pool enclosure. The court reversed and remanded due to ambiguities in the special verdict form, but ultimately affirmed the liability finding and directed entry of judgment in favor of the aluminum company.
The pool company is liable to the aluminum company for $4,176.36 plus costs totaling $4,900.86. The jury found the screen enclosure was not defective. The pool company is entitled to judgment against the homeowner for the same amount based on the third-party complaint.
[1] A general contractor may be liable to a subcontractor for materials and services provided as part of an improvement, even if the owner claims defects in the improvement.
[2] A jury's finding that a construction improvement was not defective supports a judgment in favor of the subcontractor against the general contractor.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“While the special verdict form was not prepared so as to clearly submit the pleaded issues to the jury, the jury did find that appellant pool company was liable to the aluminum company and that the screen enclosure was not defective.”
Establishes that despite procedural defects in the special verdict form, the jury's factual findings were clear and supported liability.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSt. Augustine Pools constructed a pool for homeowner Richard Caputo. Johnson & Bailey Aluminum constructed a screened enclosure over the pool. The hom…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Jury Verdict Interpretation cases and more on FLexlaw
PER CURIAM.
This is an appeal in an action to determine if a general contractor was liable to an aluminum company for material and services provided as part of an improvement and whether the construction was subject to defects.
Appellant constructed a pool for appellee homeowner. Appellee aluminum company constructed a screened enclosure over the pool. The homeowner, claiming defects in the enclosure, withheld partial payment. Appellee aluminum company sued appellant pool company. The pool company denied liability for the sum due plaintiff for the enclosure but also filed a third-party complaint against the homeowner. The case was tried and submitted to a jury on a special verdict. While the special verdict form was not prepared so as to clearly submit the pleaded issues to the jury, the jury did find that appellant pool company was liable to the aluminum company and that the screen enclosure was not defective. The ambiguities in the special verdict resulted in an ambiguous final judgment.
From an examination of the record we find that under the issues framed by the pleadings, the verdict returned, and the facts and law in the case final judgment should be entered in favor of the aluminum screening company, Johnson & Bailey Aluminum and Carpet, Inc., and against the pool company, St. Augustine Pools, Inc., for $4,176.36 and $724.50 costs, or $4,900.00, and that judgment on the third-party complaint should be entered in favor of the pool company, St. Augustine Pools, Inc., and against the owner, Richard A. Caputo, for the same amount and costs.
REVERSED AND REMANDED for entry of judgment as directed.
ORFINGER, C.J., and DAUKSCH and COWART, JJ., concur.