JPG ENTERPRISES, INC., D/B/A MAJESTIC CUSTOM HOMES, APPELLANT/CROSS-APPELLEE,
v.
LOUIS A. HAMPSON AND MONA L. HAMPSON, APPELLEES/CROSS-APPELLANTS
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.
The court held that a contract provision did not preclude a set-off for construction defects against the contractor's damages for substantial completion. The court also affirmed the prevailing party determination.
Appellees contracted with Appellant for home construction. Substantial defects were found, and Appellees sought to set off the cost of correction agai…
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 Substantial Completion cases and more on FLexlaw
PER CURIAM.
The final judgment, entered following a non-jury trial, is affirmed. We do not interpret paragraph 24 of the parties’ contract as precluding the trial court’s award of a set-off to Appellees. Appellees may set-off the cost of correcting substantial construction defects against Appellant’s contract damages for its substantial completion of the contract to build a home on Appellees’ property. See generally, Casa Linda Tile & Marble Installers, Inc. v. Highlands Place 1981, Ltd., 642 So. 2d 766 (Fla. 4th DCA 1994); Ocean Ridge Dev. Corp. v. Quality Plastering, Inc., 247 So. 2d 72 (Fla. 4th DCA 1971).
We find no abuse of discretion in the trial court’s finding that Appellees are the prevailing party notwithstanding the award to Appellant of a net $281.20 judgment. See Prosperi v. Code, Inc., 626 So. 2d 1360 (Fla.1993).
The awards on both the claim and the set-off are supported by the record. As to all other issues, we also affirm.
STONE, C.J., FARMER and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Maestas v. State, 76 So. 3d 991 (Fla. 4th DCA 2011)…(Fla. 1st DCA 2005) (citing Campbell v. State, 789 So. 2d 1213 (Fla. 1st DCA 2001)); Wilson v. State, 853 So. 2d 1119 (Fla. 4th DCA 2003). . The facial constitutionality of a statute can be raised for the first time on direct appeal. Jean v. State, 764 So. 2d 605, 606 (Fla. 4th DCA 1999); Trushin v. State, 425 So. 2d 1126, 1129 (Fla. 1982). . The State is entided to a jury instruction allowing a jury to infer knowledge of presence from actual or exclusive constructive possession. See State v. Williamson, 81…
-
Wallace v. State, 814 So. 2d 1255 (Fla. 5th DCA 2002)…fashion) that services “go on” in these two named churches, but there is no specification as to whether these services are religious in nature or how often they occur. The testimony in this case is in sharp contrast to that adduced in Jean v. State, 764 So. 2d 605 (Fla. 4th DCA 1999) wherein the officer testified there was a “regular church” which conducted nightly services as well as Sunday daytime masses. REVERSED AND REMANDED for entry of judgment and sentence for the necessarily lesser included offense o…
-
Jones v. Williams Pawn & GUN, Inc., 800 So. 2d 267 (Fla. 4th DCA 2001)…cks standing to raise a facial vagueness challenge. See Sieniarecki, 756 So. 2d at 76 (one who engages in [*272] some conduct that is clearly proscribed cannot complain of the vagueness of the law as applied to the conduct of others); Jean v. State, 764 So. 2d 605, 607 (Fla. 4th DCA 1999)(if the statute is not vague when considered under the facts at hand, then, by definition, it cannot be vague in all of its applications). In accordance with the parties’ stipulation that whichever party prevailed on the str…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Prosperi v. Code, Inc., 626 So. 2d 1360 (Fla. 1993)
- Bryant v. Brinkley, 247 So. 2d 72 (Fla. 1st DCA 1971)
- CASA Linda Tile & Marble Installers, Inc. v. Highlands Place 1981, Ltd., 642 So. 2d 766 (Fla. 4th DCA 1994)
- Selig v. Sandler, 642 So. 2d 766 (Fla. 3d DCA 1994)