Diegert v. Cedarbrook Homes, Inc.

BLACKBURN, Presiding Judge.

Following a bench trial in this action by Cedarbrook Homes, Inc. for breach of contract and to enforce a materialman’s lien on the home of Daniel S. Diegert and Edith M. Diegert, the Diegerts appeal the trial court’s denial of their motion to set aside the judgment and its grant of a new trial on the issue of quantum meruit recovery, contending that the trial court erred by: (1) granting a new trial despite its finding that insufficient evidence of quantum meruit damages had been shown by Cedarbrook Homes at trial; and (2) preventing the Diegerts from re-litigating…