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GOMEZ v. DAVID A. WILLIAMS REALTY & CONST.

No. A06-2155.

740 N.W.2d 775 (2007)

Gail GOMEZ, et al., Appellants v. DAVID A. WILLIAMS REALTY & CONSTRUCTION, INC., Defendant and Third Party Plaintiff, Respondent, v. David Freund, et al., Third Party Defendants, Scherer Bros. Lumber Co., Third Party Defendant, Respondent.

Court of Appeals of Minnesota.

November 6, 2007.

Attorney(s) appearing for the Case

Jonathan M. Bye, Mark S. Enslin, Lindquist & Vennum, P.L.L.P., Minneapolis, MN, for appellants.

James M. Hamilton, Oskie, Reuter, Hamilton & Sofio, P.A., St. Paul, MN, for respondent Williams Realty.

James M. Bratulich, Adina R. Bergstrom, Bruce P. Candlin & Associates, St. Paul, MN, and Thomas G. Jovanovich, St. Cloud, MN, for respondent Scherer Bros.

Considered and decided by WRIGHT, Presiding Judge; SHUMAKER, Judge; and STONEBURNER, Judge.

OPINION

STONEBURNER, Judge.

Appellants challenge the grant of summary judgment to respondents dismissing new-home warranty claims as barred by the statute of repose contained in Minn. Stat. § 541.051, subd. 1(a) (2004). Appellants argue that the district court (1) erred by considering the statute-of-repose defense asserted for the first time in respondent builder's reply brief; (2) used the wrong event to trigger accrual of their warranty cause of action...

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