B & B PROPERTIES v. DRYVIT SYSTEMS, INC.

2960251, 2960503.

708 So.2d 189 (1997)

B & B PROPERTIES v. DRYVIT SYSTEMS, INC., and Coastal Plastering Company.

Court of Civil Appeals of Alabama.

Rehearing Denied September 12, 1997.

Certiorari Denied December 19, 1997.


Attorney(s) appearing for the Case

Charles L. Miller, Jr., Mobile, for appellant.

Dorothy A. Powell and Jasper P. Juliano of Parsons, Lee & Juliano, P.C., Birmingham, for appellee Dryvit Systems, Inc.

L. Bratton Rainey III of Sintz, Campbell, Duke & Taylor, Mobile, for appellee Coastal Plastering Company, Inc.


Alabama Supreme Court 1962157, 1962162 and 1962165.

THOMPSON, Judge.

B & B Properties filed a complaint against John Stubbs, Dryvit Systems, Inc., and Coastal Plastering Company on February 21, 1996, alleging negligence, wantonness, fraud, breach of an implied warranty, and breach of an express warranty. Dryvit and Coastal filed motions to dismiss under Rule 12(b)(6), Ala.R.Civ.P., arguing that B & B's claims were barred by the applicable statute of...

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