Craftsman Plastering and Lath, Inc. v. Rath Mor, LLC, as assignee of Tara Management, Inc.
In an indemnity suit arising from construction defects, a jury awarded $55,652 of the $779,318.66 in defense fees and costs the assignee sought, and the trial court granted additur to the full amount based on its stated belief (which it admitted was speculation) that the jury had divided the total by fourteen (the number of subcontractors). The Fourth DCA reversed, holding the damages evidence was not undisputed, the jury instructions, verdict form, and the movant's own closing argument gave the jury discretion to discount the award, and the trial court impermissibly acted as a seventh juror. The court also held that a party adversely affected by an additur order may reject it by filing a notice of appeal rather than a written election under Rule 1.530(h)(3), thereby preserving appellate review but waiving the right to a new damages trial.
Key facts
- Craftsman Plastering and Lath, Inc. sought indemnity and defense fees totaling $779,318.66 from Rath Mor, LLC (assignee of Tara Management, Inc.) arising from construction defects; a jury awarded only $55,652 of the requested defense fees and costs.
- The trial court granted additur to the full $779,318.66 amount, stating it believed the jury had divided the total by fourteen (the number of subcontractors), though the court acknowledged this was speculation.
- +2 more key facts with a free trial
Why it matters
This opinion supplies two useful tools: a procedural roadmap confirming that a defendant hit with additur can go straight to appeal (treating the notice of appeal as a rejection) without filing a Rule 1.530(h)(3)… — full analysis with a trial
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