A judge for the Eleventh Judicial Circuit in Miami-Dade County has ruled in favor of Jordon Glass Corp. in the Sterling Mirror Co. vs. Jordon Glass case over whether the defendant sold Sterling a faulty tempering furnace and washer. The case had been ongoing since June 2017.
Sterling asserted 12 claims for breach of contract, breach of warranties and fraud. It alleged in its original complaint that Jordon Glass misled Sterling about the manufacture of a tempering furnace and washer delivered to Sterling’s new facility in 2016. Sterling also alleged that the furnace produced glass with defects. However, an independent expert inspected the furnace and washer in 2018 and concluded that, after a normal cleaning and adjusting of the furnace, it made good glass except for a scratch caused by a rust spot on the furnace door. He also concluded that the washer caused no issues.
In Judge William Thomas’ recent ruling, he stated that, “there is no genuine issue of material fact that plaintiff Sterling Mirror Company owes $56,589.78 in the furnace. This court has already found that Sterling’s sole remedy was repair, exchange or replacement, and that Sterling breached the parties’ contract by withholding payment, Sterling thus has no right to set off, which would be inconsistent with the parties’ contract and this court’s previous orders.”
Jordon Glass has been ordered to recover damages of $56,589.78 in principal and $12,070.97 in prejudgment interest for a total of $68,660.75 with interest at a rate of 6.66% a year from Sterling. The company also has been ordered to recover an additional $3,038.67 in damages at the same interest rate. The judge also ordered Sterling to surrender possession of the furnace to Jordon Glass. The proceeds of the furnace’s sale will be credited toward the damages Sterling owes Jordon.
Sterling Mirror Co. appealed to Florida’s Third District Court of Appeal on September 9. Jordon Glass filed a motion to hold Sterling in contempt of court on September 18. Jordon alleges that Sterling failed to complete its fact information sheet by the September 14 deadline and that Sterling failed to comply with the judge’s order that Sterling make the furnace in question available to Jordon for resale.
“Jordon Glass is extremely pleased to have won this lawsuit and done so on all counts. We were confident early on that the dozens of allegations Sterling Mirror made about defects in our equipment were just not true. Now those allegations have all been refuted. In fact, the court-appointed independent expert, selected by Sterling, checked the machine and concluded that people would ‘jump through hoops’ to get the quality of tempered-glass that can be produced with our furnace,” says Rick Dominguez, president of Jordon Glass. “We are relieved that this period is behind us. Sterling Mirror has been ordered to return the furnace and pay what it still owes us. This lawsuit, unfortunately, dragged on far longer than it should have in part because Sterling went through no less than five law firms that withdrew from the case. In the end, we are pleased that we prevailed. We thank our customers that stood by us through this period. We look forward to continuing to offer the quality machinery, products, and services that our customers have come to expect from Jordon Glass for the past 38 years.”
At press time, Sterling had not yet responded to USGNN™’s request for comment.