In short: Judgment stands. In Tailored Interiors v. Feuerstein (2024), a Sarasota condo renovation dispute over mismatched granite and contract interpretation went up on appeal and cross-appeal. The Second District affirmed both per curiam without opinion and denied both sides’ appellate fee requests, leaving the county court judgment in place.
The Facts
This was a Sarasota County court case (2021CC-002684SC) between a contractor, Tailored Interiors, LLC, and a condominium owner over a renovation. Because the appeals court affirmed without an opinion, the facts here are what the parties argued, as described in the oral argument video.
According to that description, the dispute centered on granite slabs that did not match and on how the renovation contract should be read: what the contractor promised, and who bore the risk when the stone did not match. The county court entered judgment. The contractor appealed, and the owner cross-appealed.
Early on, the appeals court dismissed the part of the appeal aimed at an order on the plaintiff’s motion to tax attorney’s fees and costs. The court had asked the contractor to show why that order was appealable, and the contractor did not respond. The rest of the appeal was briefed and argued by video in September 2024.
The Decision
On October 16, 2024, the Second District affirmed per curiam, with no written opinion. That leaves the county court’s judgment in place on both the appeal and the cross-appeal. The same day, the court denied both sides’ motions for appellate attorney’s fees under section 59.46 and struck the contractor’s request for costs, which must be sought in the trial court.
A PCA gives no reasons and sets no precedent, so it does not tell us how the court read the contract. All it confirms is that neither side showed reversible error.
The Law
Most residential remodeling disputes are contract cases. Courts enforce the written scope, specifications and change orders, and they read ambiguous terms against whoever drafted them. Natural stone varies from slab to slab, so a contract that is silent on matching or sample approval leaves the issue for the judge to decide from the evidence. Florida’s construction-lien law (chapter 713) and contractor-licensing rules can also come into play in these disputes.
Appellate fees are not automatic. Under section 59.46, a contract or statute that allows fees to the prevailing party includes fees on appeal. A party must still file a timely, properly supported motion under Florida Rule of Appellate Procedure 9.400(b), and costs are taxed by the trial court under Rule 9.400(a).
Lessons
- Write the stone selection process into the contract: slab viewing, sign-off on the actual slabs, and what counts as an acceptable match.
- Use written change orders for any substitution.
- Appealing a fee order separately requires a final, appealable order. Answer any show-cause order, or that part of the appeal will be dismissed.
- Small remodel disputes can cost more on appeal than the work itself. Weigh that before appealing or cross-appealing.
Source: Tailored Interiors, LLC v. Feuerstein, No. 2D2023-1588 — Fla. 2d DCA (October 16, 2024).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Condo Renovation Dispute: Granite & Contract Breach | Tailored Interiors, 2D23-1588
Go Deeper
- Oral Change Orders on a Fisher Island Renovation (Moscato v. Mutchnik)
- A Condo Developer's Default Did Not Mean a Guarantee for Every Unit (Merco v. Akoya)
Frequently Asked Questions
Who is responsible if granite countertop slabs do not match in Florida?
It depends on the contract: what it says about slab selection, owner approval and acceptable variation. Natural stone varies, so silence in the contract leaves the issue for a judge to decide. In Tailored Interiors v. Feuerstein, a dispute over mismatched granite in a condo renovation ended with the appeals court affirming without an opinion.
What does a per curiam affirmance mean for a contractor dispute appeal?
It means the appellate court upheld the trial court’s judgment without explaining why. It ends the appeal in almost all cases and creates no precedent for other contractors or owners. Both the appeal and cross-appeal in Tailored Interiors were affirmed this way.
Can I get my attorney fees on appeal in a Florida construction contract case?
Only if a contract or statute provides for prevailing-party fees and you file a timely motion in the appellate court. Section 59.46 extends prevailing-party fee provisions to appeals. In Tailored Interiors both sides’ appellate fee motions were denied when the court affirmed.
Can I appeal an order on attorney fees and costs in a Florida county court case?
Only if it is final or otherwise appealable. In Tailored Interiors the appellate court ordered the contractor to explain why an order on a motion to tax fees and costs was appealable, then dismissed that part of the appeal when no response was filed.
Talk to a Florida construction and lien dispute lawyer
Weidner Law, P.A. handles construction lien, contractor and building defect disputes from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
