HELMET HOUSE CORP. v. STODDARD

No. 4D02-2530.

861 So.2d 1178 (2003)

HELMET HOUSE CORPORATION, Appellant, v. William H. STODDARD, Kathryn S. Stoddard, his wife, Jan S. Jelmby, Peter Jelmby, Packard Roofing Co., Inc., and Packard Waterproofing, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 22, 2004.


Attorney(s) appearing for the Case

Ira C. Hatch of Hatch & Doty, P.A., Vero Beach, for Appellant/Cross-Appellee.

Michael B. Davis of Paxton & Smith, P.A., West Palm Beach, for Appellee William H. Stoddard.

Michael C. Mattson and Warren B. Kwavnick of Cooney, Mattson, Lance, Blackburn, Richards & O'Connor, P.A., Fort Lauderdale, for Appellee/Cross-Appellant Packard Roofing Co., Inc.


POLEN, J.

This appeal arises from the entry of a final judgment entered after a jury found in favor of the homeowner in a breach of contract, breach of warranty action against the contractor and sub-contractor that built the home. Although we affirm the ultimate conclusion reached below in favor of the homeowner, we find error in the trial court's denial of the sub-contractor Packard's motion for directed verdict and for judgment notwithstanding the verdict on Helmet...

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