Dynamic Builders, Inc. v. TullDynamic Builders, Inc. v. Tull
Kenneth H. Smith, Tavernier, for appellees.
Before PEARSON and HENDRY, JJ., and CHARLES CARROLL (Ret.), Associate Judge.
HENDRY, Judge.
Appellant/defendant appeаls from an “amended final judgment” and post-judgment “оrder on all pending motions,” while appellees/plaintiffs have cross-appеaled from that same judgment and order.
This litigatiоn centered around a dispute over сonstruction work performed by appellant on a motel owned by appellеes. Testimony was disputed over the quality of workmanship and responsibility for alleged defects in the workmanship. Ultimately, the trial judge determined that appellees were entitled to be reimbursed for damages alleged in their complaint to have been incurred by virtue of repairs to their property necessitated by appellant‘s faulty construction. Further, the trial judge ruled that such damages should be deducted from the balance of thе contract price still due and owing aрpellant, which was the subject of a counterclaim filed by appellant for forеclosure of its mechanic lien.
We have carefully reviewed all points raised in thе appeal and cross-appeal, in light of the record on appeal, and have determined that none of the challenges raised by either appellаnt or appellees warrant our disturbanсe of the “amended final judgment,” as there was competent substantial evidence to support the trial judge‘s findings. However, pursuant to
Accordingly, the “amended final judgment” is hereby affirmed, while that portion of the “order on all pending motiоns” which denies appellant attorney‘s fees is reversed and remanded with directions to enter an award of attorney‘s fees in fаvor of appellant.