Simonelli v. Department of Business & Professional Regulation, Construction Industry Licensing Board
Docket: No. 2D06-3272
Court: District Court of Appeal of Florida; June 22, 2007; Florida; State Appellate Court
The award of $2,223.40 to Linda Simonelli by the Construction Industry Licensing Board is reversed. Simonelli had previously received a circuit court judgment of $10,944.20 for damages after her contractor abandoned the construction of her swimming pool. She filed a claim with the Board for payment from the Florida Homeowner’s Construction Recovery Fund, as established under section 489.143, Florida Statutes (2005). The Board, however, based its award on informal estimates from one of its members rather than the circuit court's judgment. This approach was deemed erroneous, as the Board should have accepted the circuit court’s judgment as competent, substantial evidence. The case is reversed and remanded for an award to Simonelli that reflects the remaining amount available from the defaulting contractor's lifetime cap, not exceeding the original judgment. Judges Davis, Wallace, and Senior Judge Edward F. Threadgill concur with this decision.