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Dewitt v. Maruhachi Ceramics of America, Inc.

Citations: 770 So. 2d 709; 2000 Fla. App. LEXIS 13287; 2000 WL 1513763Docket: 5D99-2517

Court: District Court of Appeal of Florida; October 13, 2000; Florida; State Appellate Court

Narrative Opinion Summary

In this case, the DeWitts appealed the final judgments from a jury trial, which denied their recovery against Maruhachi Ceramics of America, Inc. and Sunniland Corporation. The appeal challenged the verdict as being against the manifest weight of the evidence, the admission of unqualified expert testimony, and alleged false testimony. Additionally, they contested the awards of attorneys' fees to the defendants and the denial of fees to Halverson Construction Co. The case arose from the installation of a blue clay ceramic tile roof on the DeWitts' home, which allegedly failed to meet express warranties. Defense witnesses claimed that the issues were due to improper installation rather than product defects. The appellate court affirmed the trial court's decisions on most counts but reversed certain attorneys' fees awards due to invalid offers of judgment. The court found the trial court did not abuse its discretion in admitting expert testimony and denied the DeWitts' claims of false testimony. Ultimately, the decision was affirmed in part, reversed in part, and remanded for further proceedings related to attorneys' fees awards.

Legal Issues Addressed

Admissibility of Expert Testimony

Application: The appellate court upheld the trial court's decision to admit expert testimony from Suzuki and Steppi, finding them qualified based on their experience and industry standards.

Reasoning: Despite these objections, the trial court deemed Suzuki qualified based on his extensive experience in the ceramic tile industry, including standards drafting and production oversight.

Attorneys' Fees and Offers of Judgment

Application: The appellate court reversed certain attorneys' fees awards due to invalid offers of judgment that lacked specificity or proper apportionment.

Reasoning: Mrs. DeWitt and Halverson's judgment offer lacks necessary specificity for a fee award, as it merely proposed to 'replace' the roof without assigning a dollar amount or detailing the replacement's quality.

Express Warranty Claims

Application: The DeWitts alleged that the ceramic tiles failed to meet express warranties, but the defense successfully argued that the appearance issues were due to installation errors, not product defects.

Reasoning: They argued that the roof's appearance was due to improper blending of the tiles during installation.

False Testimony

Application: The appellate court found no merit in the DeWitts' claim of false testimony by Suzuki, as any initial misstatements were clarified during the trial.

Reasoning: The DeWitts' claim that Suzuki provided false testimony was rejected; while he initially stated tests were conducted on their tiles, he later clarified that only routine tests on production batches were performed.

Manifest Weight of the Evidence

Application: The DeWitts argued the jury's verdict was against the manifest weight of the evidence, but the appellate court's role was not to reassess the evidence's weight.

Reasoning: The appellate court's role is to determine if the trial court abused its discretion in denying a new trial, not to reassess the evidence's weight.