BELLAGIO POOLS, LLC v. JESUS MARINO
A24A0220
| Ga. Ct. App. | Jun 14, 2024Background
- Bellagio Pools, LLC contracted with Marino and Torres to construct a swimming pool on their property.
- Bellagio alleged that it fulfilled its contract, but Marino and Torres failed to pay the outstanding balance; Bellagio sued for breach of contract and other claims, including quantum meruit and attorney fees.
- Marino and Torres counterclaimed for breach of contract, negligent construction, and slander of title, arguing that Bellagio’s work was substandard and certain contractual obligations were unmet.
- The trial court stayed the case for repairs under Georgia’s Right to Repair Act, deeming those repairs accepted when defendants did not timely respond and later held a bench trial focusing chiefly on the adequacy of those repairs, especially a gas leak fix.
- The trial court ruled that neither party could recover on their respective claims, finding Bellagio’s gas leak repair (allegedly with duct tape) substandard and thus a breach excusing payment.
- Bellagio appealed, arguing the trial court's factual findings on the breach of contract claim were unsupported and contesting the need for expert testimony in the negligent construction counterclaim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Trial court’s finding that Bellagio breached contract by repairing gas line with duct tape | No evidence repair was done with duct tape; repair was with Teflon tape; no evidence Teflon tape is substandard | Repair was done with unspecified tape; work was substandard and a breach | The trial court’s factual finding unsupported by record; judgment reversed and remanded |
| Need for expert testimony on standard of care for negligence/negligent construction | Expert testimony required to establish standard | No expert testimony required; lay testimony sufficient | Court did not rule on need for expert testimony on negligent construction; any error was harmless as claim was denied |
| Adequacy of repairs and entitlement to payment | All repairs completed; entitled to balance owed under contract | Repairs not completed properly; not obligated to pay | Remanded for trial court to make factual findings on adequacy of repairs |
| Damages for breach of contract counterclaim | Bellagio’s breach caused damages | Defendants did not prove damages | Trial court found no damages proven; ruled against Marino and Torres on counterclaim |
Key Cases Cited
- Emson Inv. Properties v. JHJ Jodeco 65, 349 Ga. App. 644 (standard of review following bench trial; unsupported factual findings cannot be upheld)
- Martin v. Fulton County Bd. of Registration & Elections, 307 Ga. 193 (clearly erroneous factual finding does not require reversal if ultimate legal conclusion is correct)
- Palm Restaurant of Ga. v. Prakas, 186 Ga. App. 223 (judgment based on facts unsupported by evidence must be reversed)
- Hughes v. State, 296 Ga. 744 (appellate court limits review to facts found by trial court)
- Strickland v. Strickland, 298 Ga. 630 (application of bench trial fact-finding standard in civil cases)