CHRYSLER AIRTEMP, A DIVISION OF CHRYSLER CORPORATION, A FOREIGN CORPORATION AUTHORIZED TO DO BUSINESS IN FLORDIA, APPELLANT,
v.
JEAN ROTH STEVENS AND JANE L. ROTH, AND CREST ENGINEERING, INC., A FLORIDA CORPORATION, APPELLEES

Fla. 2d DCA | 1977-06-15
No. 76-659
HOBSON and McNULTY, JJ„ concur.
346 So. 2d 1236 Florida District Court of Appeal, Second District (1977) Positive Treatment
Cited by 8 cases

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Holding

The court held that the trial court erred in not granting Chrysler's motion for a directed verdict because the evidence was legally insufficient to support a verdict for the appellees against Chrysler.


Headnotes

[1] A directed verdict should be granted when the evidence is legally insufficient to support a verdict for the non-moving party.

[2] A warranty that products are free from defects in material and workmanship, under normal use and service, does not cover defects arising from installation or system desig…

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Facts & Procedural History

Appellees sued Chrysler and Crest for damages related to a house's heating and air conditioning system. The jury awarded damages against both defendan…

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Opinion of the Court
BOARDMAN, Chief Judge.

BOARDMAN, Chief Judge.

Appellant/defendant, Chrysler Airtemp, appeals a final judgment entered upon a jury verdict in favor of appellees/plaintiffs, Jean Roth Stevens and Jane L. Roth. The jury returned a verdict against the defendants, Crest Engineering, Inc. and Chrysler Airtemp, awarding damages to appellees in the sum of “$7,000.00 to be shared equally.” After trial Chrysler filed a motion for a new trial, motion for judgment non obstan-te veredicto, motion for judgment in accordance with its motions for directed verdict, motion for remittitur, and motion for arrest of judgment. Following a hearing the trial court entered an order denying all posttrial motions. Chrysler then timely filed notice of appeal, but Crest did not join in this appeal of the final judgment.

We reverse and hold that the trial court erred in not granting Chrysler’s motion for directed verdict.

Appellees sought damages against Chrysler and Crest on four theories: breach of express written warranties, breach of implied warranty of fitness for a particular purpose, negligent manufacture of a heater and air conditioner, and negligent installation of the heating and air conditioning system. The, trial judge, however, instructed the jury on the theory of express warranty only. In light of the evidence presented at trial the instructions were fair and proper and were not objected to by any party.

Appellees entered into a written contract with Otto-Glass Enterprises, a building contractor, to build a house for them. During the course of the construction, Otto-Glass entered into a written contract with Crest to install the heating and air conditioning system in the house. Crest ordered an oil furnace and air conditioner from Chrysler. Crest designed the duct system and fixed the location of the furnace and air conditioner. The size of the duet was determined by Crest as was the size and type of equipment to be used. Appellees received two written warranties from Chrysler covering the furnace and air conditioner which both provided in pertinent part:

Airtemp Division of Chrysler Corporation, hereinafter referred to as “Airtemp” warrants its products to be free from defects in material and workmanship, under normal use and service, and will, within one year from the date of original installation, repair or replace parts F.O.B. Dayton, Ohio, which in its judgment are defective in workmanship or material and which are returned freight prepaid to its Dayton, Ohio, plant or other designated point.

. . . No claim under this warranty will be honored if the equipment covered has been misused, misapplied [sic], neglected, damaged in transit or has been tampered with or changed in any way.

This warranty is in lieu of all other warranties expressed or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose.

It is clear from the express terms of the warranties that Chrysler warranted only the material and workmanship of its products. Aftér careful review of the rec ord, including the exhibits and testimony, we conclude that appellees did not establish by substantial, competent evidence that a defect existed in the material or workmanship which would constitute a breach of Chrysler’s express warranty of the furnace and air conditioner. We cannot find a scintilla of evidence of such a defect and, in fact, the evidence tended to show that problems which occurred were caused by the installment of the equipment and design of the duct system.

We are cognizant of the applicable rules and decisional law of this state that a motion for directed verdict should be cautiously granted and that in considering such a motion all inferences of fact should be construed most strictly in favor of the non-moving party. 2 Fla.Jur. Appeals § 302 (1963). In the instant case, however, the evidence was legally insufficient to support a verdict for appellees against Chrysler and a directed verdict should have been granted. See, e. g., First American Farms, Inc. v. Marden Manufacturing Co., 255 So. 2d 536 (Fla.1st DCA 1972).

For the above reasons, the judgment rendered against appellant is set aside and vacated, and the trial court is instructed to enter a directed verdict in favor of Chrysler. In view of our disposition of this issue the other points raised on appeal need not be resolved.

REVERSED and REMANDED for proceedings consistent with this opinion.

HOBSON and McNULTY, JJ„ concur.


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Citator

Cited By

  • Cooper Hotel Servs., Inc. v. Tobie MacFARLAND, 662 So. 2d 710 (Fla. 2d DCA 1995)
    …e and that there was, thus, insufficient evidence to support the jury’s verdict. In considering a motion for directed verdict, “all inferences of fact should be construed most strictly in favor of the non-moving party.” Chrysler Airtemp v. Stevens, 346 So. 2d 1236, 1238 (Fla. 2d DCA 1977). See also R. Bodden Coin-Op Laundry, Inc. v. Brandychase Condominium Ass’n, 557 So. 2d 663 (Fla. 2d DCA 1990). The same is true with respect to a motion for judgment notwithstanding the verdict. Stirling v. Sapp, 229 So. 2d…
  • Reed v. Bowen, 503 So. 2d 1265 (Fla. 2d DCA 1986)
    …n favor of the nonmoving party, cannot support in the minds of the jurors any reasonable difference as to any material fact or inference. Zilber Cab Co. v. Capeletti Brothers, 303 So. 2d 360 (Fla. 3d DCA 1974); see also, Chrysler Airtemp v. Stevens, 346 So. 2d 1236 (Fla. 2d DCA 1977). The fact that circumstantial evidence is relied upon does not alter the rule that it is solely within the province of the jury to evaluate or weigh the evidence. See Voelker v. Combined Insurance Company of America, 73 So. 2d 403…
  • Rosalind Rodgers v. Auto-Owners Ins. Co., 379 So. 2d 700 (Fla. 2d DCA 1980)
    …idence presented by Auto-Owners was simply insufficient as a matter of law to prove that Rodgers had knowledge of the origin of the fire. Therefore, the court erred in failing to grant her motion for a directed verdict.2 Chrysler Airtemp v. Stevens, 346 So. 2d 1236 (Fla. 2d DCA 1977); Budgen v. Brady, 103 So. 2d 672 (Fla. 1st DCA 1958). Auto-Owners presented an expert witness who established Rodgers’ loss at $26,680.70. In addition, Auto-Owners indicated in its brief that counsel stipulated to a damage [*703]…

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