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Morrison Homes of Fla. Inc. v. Wade

The damages awarded to the plaintiffs on their claims arising from the building of their home were within the range of the evidence because the contractor they hired to inspect the home provided a detailed estimate of the cost to repair the property and the defendant had the opportunity to thoroughly cross-examine him.

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Marlene C. Wade and John Wade brought suit against Morrison Homes of Florida, Inc., alleging claims of breach of contract, breach of warranty and fraud in connection with the building of the Wades’ home. Morrison Homes appeals the trial court’s denial of its motion for judgment notwithstanding the verdict after a jury awarded damages and attorney’s fees to the Wades. We affirm. The Wades purchased the house on February 27, 1997, and Marlene Wade moved in a short time later. Although John Wade is a joint owner of the property, he does not reside there. After closing on the house, Marlene Wade was furnished with Morrison Home’s blanket warranty. Under the terms of the warranty, Morrison agreed to conduct a series of post-closing inspections at 40 days, 11 months and 22 months after closing.

In November 1997 Marlene Wade began to notice problems with her concrete slab floor of the garage and notified Morrison Homes, which replied that it would address the problem in the 11-month inspection. Afterwards, the parties communicated back and forth by letter and telephone addressing various issues in connection with the house. By June 1998, the Wades still had concerns about cracks in the concrete driveway and the garage slab; cracks in the front walkway and steps; and cracks in the center column of the front garage wall.

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