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WEST FLORIDA COM. BUILDERS, INC. v. MITCHELL

No. 88-175.

528 So.2d 979 (1988)

WEST FLORIDA COMMUNITY BUILDERS, INC., a/k/a Creative Design Home Builders, Inc., a Florida Corporation, Appellant, v. John R. MITCHELL and Kathy A. Mitchell, His Wife, Appellees.

District Court of Appeal of Florida, Second District.

July 22, 1988.

Attorney(s) appearing for the Case

Leo H. Meirose, Jr., and Randall C. Callahan of Battaglia, Ross, Hastings, Dicus and Andrews, P.A., St. Petersburg, for appellant.

Howard C. Batt of Howard C. Batt, P.A., Clearwater, for appellees.

SCHEB, Judge.

West Florida Community Builders, a builder-vendor of house and lot packages, appeals a summary judgment finding it liable for sudden cracking defects in a three-year-old house it sold to the Mitchells. West argues that at the time summary judgment was granted, there existed genuine issues of material fact. We agree.

The Mitchells purchased a house and lot from West in 1982. In 1987, they filed suit against West alleging breach of contract, negligence...

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