Lahtinen, J.
Plaintiff commenced an action against defendant in 1999 (hereinafter referred to as the first action) asserting numerous causes of action arising from defendant's alleged failure to properly construct a home for plaintiff. That action was tried before a jury, which found defendant liable for $7,151.60 in damages. Both parties appealed, and we modified and remitted the case for a new trial on certain issues (Biggs v O'Neill,
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