Fourth DCA Reverses Nearly $780,000 Judgment in Construction Dispute

CSK Appellate Counsel
Fort Lauderdale West Partner Michael Rosenberg

Case Summary
This appeal arose from a construction dispute involving a stucco subcontractor and claims related to alleged defects on a Palm Beach County project. The property owner initially pursued claims against the general contractor, which later brought claims against several subcontractors, including CSK’s client.

Following a settlement and assignment of rights, the Plaintiff sought approximately $780,000 in attorneys’ fees and costs from the Defendant stucco subcontractor under an indemnity provision. A jury awarded approximately $56,000, but the trial court later increased the judgment to nearly the full amount sought, leading to the appeal.

Appellate Strategy
Mr. Rosenberg challenged the trial court’s decision to increase the jury’s award, arguing that the evidence supported the jury’s determination of the amount connected to the Defendant’s work.

He pointed to evidence showing that the Plaintiff’s claimed expenses included fees and costs involving other subcontractors and litigation activities unrelated to CSK’s client. Mr. Rosenberg argued that the jury was entitled to weigh that evidence and determine what portion of the claimed amount was properly attributable to the stucco subcontractor.

Outcome
The Fourth District Court of Appeal reversed the trial court’s decision and directed that judgment be entered based on the jury’s original award of approximately $56,000. The Court found that the trial court relied on speculation about how the jury reached its decision rather than the evidence presented at trial.

The decision highlights the importance of respecting a jury’s determination when supported by the trial record and confirms that an award should not be increased based on assumptions about how jurors evaluated the evidence.