Donnie G. Goodwin, et al v. Jim Bale Construction, LLC

This appeal arises from a construction dispute. Appellants/Homeowners brought suit against Appellee/Builder. Appellants claim that Appellee built their home on uncontrolled fill material, which caused excessive cracking in the garage and the driveway. Appellee contends that Appellants' home was built on virgin soil, rather than fill material as alleged by Appellants. Both sides proffered expert testimony to prove the cause of the cracks. The trial court found Appellee's expert credible and concluded that the home was built on virgin soil. Because the evidence does not preponderate against the trial court's finding on this issue, we affirm this finding. However, we vacate the trial court's award of discretionary costs to Appellees in the amount of $9,210.60 and remand for reconsideration in light of our opinion.