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DIEGERT v. CEDARBROOK HOMES, INC.

No. A04A0324.

599 S.E.2d 211 (2004)

267 Ga.App. 264

DIEGERT et al. v. CEDARBROOK HOMES, INC.

Court of Appeals of Georgia.

Reconsideration Denied May 6, 2004.

Certiorari Denied September 7, 2004.

Attorney(s) appearing for the Case

Gary C. Harris, Clayton, for appellant.

Miles, McGoff & Moore, Larry A. Pankey, Kevin J. McDonough, Cumming, for appellee.

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...

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