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WISHNATZKI v. COFFMAN CONST., INC.

No. 2D03-4127.

884 So.2d 282 (2004)

Gary WISHNATZKI, Appellant, v. COFFMAN CONSTRUCTION, INC., a Florida corporation; G. Fernandez Designer, Inc., a dissolved Florida corporation; and Gabriel Fernandez, an individual, Appellees.

District Court of Appeal of Florida, Second District.

August 13, 2004.

Attorney(s) appearing for the Case

William F. Merlin, Jr., and Mary E. Kestenbaum, Tampa, for Appellant.

Charles W. Hall and Mark D. Tinker of Fowler White Boggs Banker P.A., St. Petersburg, for Appellee Coffman Construction, Inc.

No appearance for remaining Appellees.

WALLACE, Judge.

Gary Wishnatzki (the Homeowner) appeals the dismissal with prejudice of his complaint against Coffman Construction, Inc. (the Builder), which sought damages resulting from alleged defects in the construction of his house. The circuit court ruled that the statute of limitations barred the Homeowner's claims. Because the facts pleaded in the complaint do not conclusively establish that the claims are barred as a matter of law, we reverse.

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