Branam v. Aqua-Clear Pools, Inc.
| Decision Date | 17 April 1996 |
| Docket Number | Nos. 94-2564,95-2951,AQUA-CLEAR,s. 94-2564 |
| Citation | 672 So.2d 69 |
| Parties | 21 Fla. L. Weekly D916 H. Harry BRANAM and Jeanette Branam, Appellants, v.POOLS, INC., Appellee. |
| Court | Florida District Court of Appeals |
Appeals from the Circuit Court of Dade County, S. Peter Capua and Juan Ramirez, Jr., Judges. No. 91-31055.
Paul Morris, Coral Gables, for appellants.
Jonas & Silberman and Daniel E. Jonas, Miami Beach, for appellee.
Before LEVY, GERSTEN and FLETCHER, JJ.
J. Harry Branam and his wife, Jeanette Branam [the Branams], appeal an adverse final judgment and a judgment of attorney's fees, entered after a jury verdict in favor of Aqua-Clear Pools, Inc. We find that the verdict was against the manifest weight of the evidence and reverse both judgments.
The Branams entered into a contract with Aqua-Clear for the construction of a pool, spa, and patio, after having requested price estimates from Aqua-Clear and two other companies. Aqua-Clear, although the highest in price of the companies, was selected by the Branams on the basis of its promise of first-class workmanship. Aqua-Clear's performance under the contract was not to the satisfaction of the Branams, who declined to pay the balance of the contract price. Aqua-Clear sued for the balance and the Branams counterclaimed for damages incurred in correcting allegedly unworkmanlike performance by Aqua-Clear.
The record, including photographic evidence, clearly and unequivocally demonstrates flawed workmanship by Aqua-Clear. The interlocking bricks of the patio were installed without the proper foundation, causing gaps; the patio was not pitched, causing drainage problems (the only drainage available being through the gaps in the interlocking bricks); the border of the patio was a non-matching cement finish; the pool pump room was built so as to lean over; the spa was built out of round; etc. The Branams were forced to contract for and expend...
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