SMITH v. KLS CONST. CO., INC.

No. A00A1794.

544 S.E.2d 197 (2001)

247 Ga. App. 493

SMITH et al. v. KLS CONSTRUCTION COMPANY, INC.

Court of Appeals of Georgia.

January 8, 2001.


Attorney(s) appearing for the Case

Eugene C. Brooks IV, Savannah, for appellants.

Ellis, Painter, Ratterree & Bart, Tracy O'Connell, Rebecca C. Benton, Savannah, for appellee.

Pursley, Howell, Lowery & Meeks, Paul A. Howell, Jr., John C. Amabile, Atlanta, Charles F. Peebles, Norcross, Lane R. Frostbaum, amici curiae.


PHIPPS, Judge.

W. Hughes Smith III and Barbara Smith filed suit against the builder-seller of their home for damages allegedly caused by the use of synthetic stucco. The trial court ruled that their claims were barred by the statute of limitation, and they appeal. Because we find that the trial court applied the wrong statute of limitation to the Smiths' breach of contract claim, we reverse that portion of the trial court's summary judgment ruling.

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