JOHN KEHOE, APPELLANT/CROSS-APPELLEE,
v.
CHRISTINE GAREMORE, APPELLEE/CROSS-APPELLANT

Fla. 5th DCA | 2013-05-10
Nos. 5D12-1871, 5D12-2445
JACOBUS and BERGER, JJ., concur.
112 So. 3d 150 Florida District Court of Appeal, Fifth District (2013)

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Synopsis

In a dispute over property improvements and damages between a lessee and property owner, the court addressed whether a jury verdict on quantum meruit and defect offsets precluded a subsequent bench trial on the lessee's counterclaim for equitable relief. The court held that the jury's factual findings were preclusive and reversed the trial court's separate bench trial award, also reversing erroneous attorney's fees awards.


Holding

The court held that the jury's factual determination regarding the value of defects ($800 offset) was preclusive on Garemore's counterclaim, regardless of whether the counterclaim was properly severed or stated a distinct cause of action. The trial court erred in conducting a separate bench trial and awarding damages on the counterclaim. Additionally, there was no legal basis for the attorney's fees awards, so those orders were reversed.


Headnotes

[1] A party's failure to object to a jury instruction waives any argument regarding its correctness on appeal.

[2] A jury's determination of factual issues is preclusive on those same issues when raised in a subsequent bench trial, even if the counterclaim was properly severed.

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Key Quotes

“A resolution of the common issue by the first finder of fact whether it be the judge in the equitable case or a jury in the action at law would necessarily bind the later finder of fact.”

Establishes the preclusive effect of the jury's factual findings on the subsequently tried counterclaim

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Facts & Procedural History

Kehoe, a lessee, initiated a quantum meruit action claiming entitlement to compensation for improvements made to Garemore's property. Garemore defende…

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Opinion of the Court
TORPY, J.

TORPY, J.

This consolidated appeal and cross-appeal pertains to a dispute over the improvements or damages made/caused by lessee, John Kehoe, to a parcel of land owned by Christine Garemore. The parties allege various errors surrounding the trial court’s final judgment and attorney’s fees orders. We affirm in part and reverse in part.

Kehoe initiated an action for quantum meruit, claiming that he was entitled to compensation for improvements he had made to Garemore’s property. Garemore alleged as a defense that the so-called improvements were defective and without value. Garemore also filed a counterclaim labeled an “action for equitable relief,” in which she made the same or similar claims of defective workmanship. The trial court severed the counterclaim, believing it to be equitable in nature, based on the label affixed to it by Garemore. It conducted a jury trial on Kehoe’s quantum meruit claim and Garemore’s defenses. During the jury trial, Garemore’s expert witness opined that it would cost $86,914 to cure defects in the work performed by Kehoe. As a consequence, she argued that the work performed by Kehoe was without value.1 The jury determined that Kehoe was entitled to quantum meruit recovery in the amount of $43,997.46, but that Gare-more was entitled to an $800 offset for defects in the work.

*151Following the jury trial and over Ke-hoe’s objection, the trial court ordered a separate bench trial on Garemore’s counterclaim, during which it heard largely redundant evidence about the claimed defective work. The court awarded Garemore $13,453 on her counterclaim, which it offset against the prior jury award.

On appeal, Garemore argues that she was short-changed by the jury’s offset because of a misleading and/or incorrect jury instruction on offset valuation. She concedes, however, that the jury verdict would have a preclusive effect on her counterclaim but for the purportedly erroneous instruction. Garemore also challenges the sufficiency of the trial court’s offset, claiming that the court also short-changed her. Kehoe challenges the propriety of the bench trial, contending that the jury trial settled the factual dispute regarding the value of the work, including the purported defects.

We need not address the merits of Gare-more’s jury instruction argument because her trial counsel failed to object to the instruction.2 As a consequence, Garemore is bound by the jury’s determination that her total offset was limited to $800. Accordingly, irrespective of whether the counterclaim was appropriately severed and irrespective of whether it stated a cause of action distinct from the defenses, the jury’s determination was preclusive on the factual issues raised in the counterclaim. See Orange Lake Country Club, Inc. v. Levin, 645 So.2d 60, 62 (Fla. 5th DCA 1994) (“A resolution of the common issue by the first finder of fact whether it be the judge in the equitable case or a. jury in the action at law would necessarily bind the later finder of fact.”). We therefore reverse the judgment and remand this cause with instruction that the trial court enter judgment in accordance with the jury verdict.

Kehoe also challenges two orders awarding attorney’s fees to Garemore as the prevailing party on post-trial motions. Because we conclude that there was no legal basis for either of these awards, we reverse both orders.

In all other respects, we affirm.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

JACOBUS and BERGER, JJ., concur.


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