Roop v. Cook

334 S.W.3d 412, 2009 Ark. App. 540, 2009 Ark. App. LEXIS 611
CourtCourt of Appeals of Arkansas
DecidedJuly 1, 2009
DocketCA 08-1441
StatusPublished

This text of 334 S.W.3d 412 (Roop v. Cook) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roop v. Cook, 334 S.W.3d 412, 2009 Ark. App. 540, 2009 Ark. App. LEXIS 611 (Ark. Ct. App. 2009).

Opinion

KAREN R. BAKER, Judge.

Appellants Jackson and Eva Roop appeal from the White County Circuit Court’s granting of appellees’ motion for a directed verdict and from an order denying attorney’s fees. On appeal, the Roops assert that the trial court erred in refusing to allow Mr. Roop to testify as to the amount of money recovered when the mobile home involved in this case was sold by sealed bid, thereby excluding admissible evideneé relevant to the calculation of the damages sustained by the Roops; therefore, the Roops conclude, the court’s granting of the directed verdict for failure to prove any damages over and above $3,000 is likewise reversible error. Second, the Roops assert that the trial court’s denial of attorney’s fees to |2them was error under the facts and circumstances of this case. We affirm on both points.

This case arises from a purchase agreement entered into on March 25, 2003, between Jackson and Eva Roop and Mitchell’s 1st Quality, LLC, d/b/a Mitchell’s 1st Quality Homes, LLC (Mitchell Homes) for the purchase of a Palm Harbour, Model 60A1, mobile home. The purchase price of the mobile home was $39,000. It was noted on the purchase agreement that the purchase price of $39,000 was paid in full on April 25, 2003. Per the terms of the contract, Mitchell Homes was to deliver and set up the mobile home, install air conditioning, install a runner in the perimeter, install interior carpet and sheet rock, install vinyl ends after delivery, repair insulation and the underbelly, install the electrical, plumbing, and appliances, and otherwise prepare the mobile home for habitation. The contract stated that Mitchell Homes would have the house insured until the date of delivery. Mitchell Homes hired appellee Mitchell’s 1st Class Home Movers, LLC, and Cook Hauling and Excavating, LLC, to transport and set up the mobile home on the Roops’ property.

On January 29, 2004, the Roops filed a complaint in White County Circuit Court against Mr. Cook, Mitchell Homes, Mitchell’s 1st Class Home Movers, LLC, and Cook Hauling and Excavating, LLC. In the complaint, the Roops asserted claims of rescission, negligence, damages, and attorney’s fees for the breach of contract, They also asserted claims for other incidental and consequential damages not to exceed $30,000. They asserted that some of the work for which they paid appellees would have to be redone, and they asked Lfor a judgment in the amount of $3,250 to correct these errors. Mr. Cook and the other entities timely filed an answer to the complaint denying liability.

The matter proceeded to trial, and Mr. Roop testified as to the improper setup of the mobile home. First, he testified that the mobile home delivered by Mitchell Homes was not the mobile home contracted for in the purchase agreement. Mr. Roop also testified that the “setup- was supposed to be according to Palm Harbour standards”; however, the “setup was not done according to what [Mr. Cook] agreed to.” Specifically, Mr. Roop testified that the suppoi’t columns “would not even match up” and that only the first set of support or runners was in place to support the mobile home. Thus, the mobile home was not “properly supported.” Mr. Roop also testified that Mr. Cook had not replaced the missing insulation, as he had agreed to do, nor had he replaced the underbelly per their agreement. Moreover, a part of the electrical wiring was “hanging underneath the unit,” causing high electric bills, and the flooring “squeak[ed]” and had “soft spots.” The mobile home was also never “leveled.” Mr. Roop testified that Mr. Cook assured him that this mobile home was in “good condition” and “in tip top shape;” however, Mr. Roop stated that he quickly got- the impression that Mr. Cook knew that .the mobile home was not in good condition.

Mr. Roop stated that he called Mr. Cook when he began encountering the problems with the mobile home setup. Mr. Cook went to the Roops’ property on three separate occasions after the mobile home was delivered; however, Mr. Cook did nothing to repair any |4of the mobile home’s defects. The Roops filed a complaint with the Mobile Home Commission and with the Arkansas Attorney General’s Office, Consumer Protection Division. Those efforts, however, were unsuccessful, and the issues remained unresolved.

As a result, Mr. Roop contacted Billy Joe White to examine and inspect the mobile home. Mr. White’s background included experience with factory warranty service on manufactured homes and experience selling manufactured homes, managing a sales lot, and working for nine years with the Arkansas Mobile Home Commission. Mr. White testified that when he examined the Roops’ home, he discovered “some defects” in installation and also transportation damages to the frame and floor system. He also testified as to other observations he made, including the following: the roof joint was “gapped excessively” at the peak of the home, extra piers were placed underneath the sidewalls of the home in addition to those underneath the I-beams, there was no legitimate support foundation, there was extensive damage to the frame components underneath the home, there were loose electrical wires that should have been concealed in the sub-floor cavity and protected, the cross-over duct was not installed properly and was lying on the ground, and the house was not safely anchored because of the damage done to the frame. Mr. White’s opinion was that “[t]he mobile home [was] not to code.”

The Roops lived in the mobile home for approximately a year and a half; however, Mr. Roop feared that during a storm, the mobile home “would come apart like a peeled |fibanana.” Thus, Mr. Roop put the mobile home “up for a sealed bid, sold it, and moved to an apartment” because the “mobile home was not safe to live in.” At that point, counsel for appellees objected to Mr. Roop’s testimony as to the price for which he sold the mobile home. The trial court sustained the' objection. Mr. Roop went on to testify that he sold the mobile home to the highest bidder and incurred moving expenses of approximately $1,500. He also testified that, although he did not have any documentation at trial, during the time he and Mrs. Roop lived in the mobile home, he paid contractors $3,000 to do repair work and finish out the work needed on the mobile home.

Billy Gilliam testified that his sister-in-law previously owned the mobile home at issue. He witnessed the delivery of the mobile home by the seller to his sister-in-law’s property. Mr. Gilliam described the delivery event as follows: “It was delivered and it was wet and they needed a bulldozer to pull it into the place where they were going to set it up and the property’s got a hill on it and the road’s cut through the hill and around the curve and they hooked onto it and drug it up on one side of the hill where it was cut through the road and the back end was wedged on the other side of the road and the wheels [were] off the ground when they were dragging it with a bulldozer.” He testified that he “could tell at the time that the unit had been damaged,” and when his sister-in-law later complained about the damage she noticed to the flooring in the kitchen, attempts were made to repair it. Based on his experience as a welder, the repair work done on the underside of the home, which | ^involved welding, was not quality work and in his opinion would cause problems when moving it in the future. Six or seven months after delivery, however, the mobile home was repossessed from his sister-in-law’s property.

Mr.

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Bluebook (online)
334 S.W.3d 412, 2009 Ark. App. 540, 2009 Ark. App. LEXIS 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roop-v-cook-arkctapp-2009.