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Magnus Homes LLC v. DeRosa

The evidence supported the trial court's award of attorneys' fees and expenses to the plaintiffs in their negligent construction suit against their builder.

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Dissatisfied with the inability and refusal of their builder, Magnus Homes, L. L. C., to remedy numerous construction defects and deficiencies in their new residence, Sam and Natalie DeRosa sued Magnus, alleging a variety of tort and contract claims. After a bench trial, the State Court of Henry County found by a preponderance of the evidence that “many items were deficient and were in breach of warranty standards, and were in breach of contract, and were the result of negligent construction.” The court further found by clear and convincing evidence that Magnus committed “gross negligence and fraud in reference to a few items,” and awarded plaintiffs judgment in the amount of $37,675.00, including $13,000.00 in attorney’s fees.1 On appeal, Magnus contends the trial court erred in denying its motion for directed verdict because plaintiffs failed to adduce evidence of the proper measure of damages and further erred in awarding attorney’s fees because plaintiffs failed to differentiate between successful and unsuccessful claims. We affirm.

1. At the close of plaintiffs’ case, Magnus moved for a directed verdict2 on the ground plaintiffs failed to properly provide evidence of damages, arguing they proved only the costs to repair and failed to adduce any evidence of the diminution in the value of the residence as constructed.

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