Jim Walter Homes, Inc. v. Youngtown, Inc.

OPINION

BURGESS, Justice.

Youngtown, Inc., (Youngtown), a developer corporation, sued Jim Walter Homes, Inc., (JWH) a third-party builder/mortgagee and Eddie Edwards, owner of a home located in the developer’s subdivision, for breach of deed restrictions. Based upon jury findings, judgment was entered in favor of Youngtown for actual damages in the amount of $7200 to be paid jointly and severally by JWH and Edwards and for punitive damages in the amount of $25,000 against JWH. The judgment also ordered the removal of the house made the subject of this lawsuit. Only JWH appeals.

Appellant asserts…