Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Champion Windows of Chattanooga LLC v. Edwards

The trial court erred in finding that the defendant was entitled to rescind the parties' contract, as she failed to establish that the plaintiff made any deliberate and knowing misrepresentation to her, that she detrimentally relied on any such misrepresentation or that she was damaged by any such reliance.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

JoAnne Edwards contracted with Champion Windows of Chattanooga, LLC “Champion” or “Champion-Chattanooga”, for the construction of a deck and screened porch at her residence in Ringgold. After Champion had partially constructed the deck and the porch, Edwards refused to allow Champion to complete the project. Champion then filed the current breach of contract action against Edwards in Catoosa County Superior Court. Edwards filed an answer and counterclaims, in which she sought rescission of the contract and damages for negligent construction.1 Following a bench trial, the court entered judgment in favor of Edwards, finding that she was entitled to rescind the contract based on Champion’s fraud and that she was entitled to damages resulting from Champion’s defective workmanship on the portion of the project that it had constructed. Champion now appeals from that order, asserting that the trial court’s judgment is unsupported by the evidence. We agree. Accordingly, we reverse the order of the trial court and remand the case for entry of judgment in favor of Champion on its breach of contract claim and for a determination of damages.

On an appeal from an entry of judgment following a bench trial, we apply a de novo standard of review to any questions of law decided by the trial court, but will defer to any factual findings made by that court if there is any evidence to sustain them. Lifestyle Home Rentals v. Rahman, 290 Ga. App. 585 660 SE2d 409 2008. “However, if the trial court makes a finding of fact which is unsupported by the record, that finding cannot be upheld” and any judgment based upon such a finding must be reversed. Citation and punctuation omitted. Wilen v. Murray, 292 Ga. App. 30, 31 663 SE2d 403 2008.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
MID-SENIOR LEVEL EMPLOYMENT ASSOCIATE OR PARTNER WANTED FOR BOUTIQUE FIRM OPPORTUNITY TO INHERIT AND GROW PRACTICE (Atlanta, GA)

Our client, an outstanding boutique litigation firm based in Atlanta, is seeking to add an experienced Employment Litigation Attorney to the...


Apply Now ›
(EXCLUSIVE FULLY REMOTE) INSURANCE COVERAGE ASSOCIATE OR COUNSEL WANTED FOR MULTI-STATE BOUTIQUE LAW FIRM (Florida)

Our client, a multi-state full-service boutique, is seeking to add an insurance coverage associate or counsel to work closely with one of th...


Apply Now ›
(EXCLUSIVE) IN-HOUSE GENERALIST ATTORNEY WANTED FOR PRIVATELY OWNED CONSTRUCTION SERVICES FIRM (Atlanta, GA)

Our client, an Atlanta-based and family-owned commercial construction services firm, has engaged us to identify an in-house attorney for the...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements