Platel v. Maronda Homes, Inc. of Florida, 82-338
| Decision Date | 22 December 1982 |
| Docket Number | No. 82-338,82-338 |
| Citation | 423 So.2d 627 |
| Parties | Edgar C. PLATEL, Appellant, v. MARONDA HOMES INC. OF FLORIDA, Appellee. |
| Court | Florida District Court of Appeals |
Edgar C. Platel, in pro. per.
Scott J. Johnson of Maguire, Voorhis & Wells, P.A., Orlando, for appellee.
The appellant, Edgar C. Platel, plaintiff below, appeals from entry of a final summary judgment granted against him by the trial court. Platel's amended complaint, based on breach of contract, breach of warranty, and fraudulent trade practices, claimed that the defendant, Maronda Homes Inc. of Florida (Maronda), contracted to build for him a house with 1,000 square feet, but actually built one with only 911 square feet. Platel also claimed poor workmanship in that the kitchen linoleum needed replacing and a chip in the bathroom sink needed fixing. 1 He sought compensatory and punitive damages. The issue is whether the trial court erred by granting a final summary judgment against Platel. We hold it did and reverse.
The parties signed a contract on December 5, 1979, whereby Maronda contracted to build a house, known as the "Belmont" model, for $39,105, contingent upon Platel obtaining an FHA-235 mortgage in the amount of $37,900 on or before the first day of February, 1980. Nothing in the written contract referred to the square footage of the house. The contract provided that the seller was to supply the buyer with a copy of the plans and specifications of the plan type for the buyer's approval. The buyer was to acknowledge such approval in writing within five days of receipt thereof from the seller. Platel financed the purchase through Allstate Enterprises Mortgage Corporation, with FHA financing.
Platel did not see the plans and specifications at the time of the signing of the contract, nor at any time prior to closing. At the time of the contract he had not seen a sample model of the home. On April 14, 1980, closing was held and Platel took possession of the house. At deposition, Platel was asked the basis of his understanding that the house was to have 1,000 square feet. His answer was:
The basis, I originally was told by the sales people that sold me the house that the house was going to have 1,100 square feet. I only found out at settlement [closing], which I didn't have a set of plans at settlement [closing], I found out from the FHA Commitment that it stated on there 1,000 square feet of improved floor area, which is Exhibit D in the complaint.... That's the first time I knew that the plans stated 1,000 square feet. I had been told orally it would be 1,100 square feet by the Maronda salesman.
The FHA Commitment, referred to by Platel as the document he viewed at closing, showed the improved floor area of the house to be 1,000 square feet. The appellee argues, in support of the summary judgment, that Platel has no claim whatsoever against the defendant with respect to the contents of the FHA form, since this concerned a contract solely between Platel and his mortgage company, Allstate. Defendant asserts that it had no responsibility in connection with this form. This misses the point because the information in that form, based on the deposition of Platel, inferentially had to come from Maronda.
After Platel took possession of the home in April, 1980, he received from Maronda in October, 1980 a copy of the plans for the "Belmont" model. Page 3 of the plans shows an overview of the floor plan with dimensions. At the bottom of page 3 is the statement, "Living area--1,000 square feet." After receiving the plans, Platel measured the house and determined that the measurement of square footage in the plans was based on the outside perimeter of the exterior walls of the house. Platel measured the house using the inside perimeter of...
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