Narrative Opinion Summary
The case is remanded for a new trial following the Supreme Court of Florida's opinion in Leisure Resorts, Inc. v. Frank J. Rooney, Inc. The appellate court finds that the issues raised in the appeal do not fully resolve the case. The trial court is instructed to provide appropriate jury instructions regarding the contractor's statutory warranty, ensuring alignment with Houdaille Industries, Inc. v. Edwards, which states that indemnity can only be sought by a party without fault. The previous jury instructions were inconsistent with this ruling and require reevaluation. Additionally, there are concerns regarding the sufficiency of evidence supporting the awards for damages and attorney’s fees, which must also be reconsidered. The appellate decision is reversed and remanded to the trial court for further proceedings in accordance with these directives. Judges Warner, Shahood, and Senior Judge Mager concur with this decision.
Legal Issues Addressed
Indemnity for Parties Without Faultsubscribe to see similar legal issues
Application: Indemnity can only be sought by a party that is without fault, necessitating a reevaluation of previous jury instructions that were inconsistent with this principle.
Reasoning: Houdaille Industries, Inc. v. Edwards, which states that indemnity can only be sought by a party without fault.
Jury Instructions on Contractor's Statutory Warrantysubscribe to see similar legal issues
Application: The trial court must provide appropriate jury instructions regarding the contractor's statutory warranty, ensuring they align with established legal precedents.
Reasoning: The trial court is instructed to provide appropriate jury instructions regarding the contractor's statutory warranty, ensuring alignment with Houdaille Industries, Inc. v. Edwards.
Remand for New Trialsubscribe to see similar legal issues
Application: The appellate court has decided to remand the case for a new trial because the issues raised on appeal were not fully resolved.
Reasoning: The case is remanded for a new trial following the Supreme Court of Florida's opinion in Leisure Resorts, Inc. v. Frank J. Rooney, Inc.
Reversal and Remandsubscribe to see similar legal issues
Application: The appellate court reversed the decision and remanded the case to the trial court for further proceedings in accordance with the appellate directives.
Reasoning: The appellate decision is reversed and remanded to the trial court for further proceedings in accordance with these directives.
Sufficiency of Evidence for Damages and Attorney’s Feessubscribe to see similar legal issues
Application: The sufficiency of evidence supporting the awards for damages and attorney's fees must be reconsidered due to concerns raised during the appeal.
Reasoning: Additionally, there are concerns regarding the sufficiency of evidence supporting the awards for damages and attorney’s fees, which must also be reconsidered.