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RUSSO v. SOUTHERN DEVELOPERS, INC.

No. 22A04-0608-CV-446.

868 N.E.2d 46 (2007)

John RUSSO and Claudia Russo, Appellants-Plaintiffs, v. SOUTHERN DEVELOPERS, INC., John G. Brinkworth, Inc.; Brinkworth Builders, Inc.; Dan Cristiani Excavating, Inc.; Dan Cristiani; John G. Brinkworth; John G. Brinkworth, Jr.; Kim L. Conlee; and Elizabeth W. Conlee, Appellees-Defendants.

Court of Appeals of Indiana.

June 13, 2007.

Attorney(s) appearing for the Case

William A. Dawkins, Jeffersonville, IN, Attorney for Appellants.

C. Gregory Fifer, Applegate & Fifer, Jeffersonville, IN, Attorney for Appellee.

OPINION

VAIDIK, Judge.

Case Summary

John and Claudia Russo ("Russos") appeal the trial court's dismissal of their Complaint against Southern Developers, Inc., John G. Brinkworth, Inc., Brinkworth Builders, Inc., Dan Cristiani Excavating, Inc., Dan Cristiani, John G. Brinkworth, and John G. Brinkworth, Jr. (collectively "Developers") for breach of the implied warranty of habitability. We conclude that the prior owners' knowledge of a defect in a...

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