SUNTREE HOMES, INC. v. SIMS

No. 4D02-4768.

859 So.2d 1273 (2003)

SUNTREE HOMES, INC., Appellant, v. William SIMS and Gwen Sims, Appellees.

District Court of Appeal of Florida, Fourth District.

November 26, 2003.


Attorney(s) appearing for the Case

Jon D. Derrevere and Shirley Jean McEachern of Derrevere & Associates, West Palm Beach, for appellant.

Kenneth J. Scherer of Cohen, Norris, Scherer, Weinberger & Wolmer, North Palm Beach, for appellees.


KLEIN, J.

Suntree Homes, a builder, appeals a judgment ordering it to repair a defect in plaintiffs' home, arguing that the court erred because plaintiffs sued only for damages, not specific performance. We reverse.

The new home built by Suntree for plaintiffs contained a crack in the concrete slab which resulted in tile above the slab cracking. Suntree had offered to repair the slab, using a procedure which would cost approximately $2,000, but plaintiffs...

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