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D.R. HORTON, INC. v. D & S LANDSCAPING, LLC

No. 07CA0890.

215 P.3d 1163 (2008)

D.R. HORTON, INC.-DENVER, d/b/a Trimark Communities, Defendant-Appellant and Third-Party Plaintiff, v. D & S LANDSCAPING, LLC and J & K Pipeline, Inc., Third-Party Defendants-Appellees.

Colorado Court of Appeals, Div. V.

Rehearing Denied July 31, 2008.

Certiorari Dismissed January 6, 2009.

Attorney(s) appearing for the Case

Holland & Hart, LLP, Marcy G. Glenn, Ryan T. Bergsieker, Denver, Colorado, for Defendant-Appellant and Third-Party Plaintiff.

Burg Simpson Eldredge Hersh & Jardine, P.C., Stephen M. Johnson, Diane Vaksdal Smith, Englewood, Colorado, for Third-Party Defendant-Appellee D & S Landscaping, LLC.

Pryor Johnson Carney Karr Nixon, P.C., Bradley N. Shefrin, Elizabeth C. Moran, Greenwood Village, Colorado, for Third-Party Defendant-Appellee J & K Pipeline, Inc.

Opinion by Judge GRAHAM.

In a construction defect suit brought by a homeowners association, the developer, third-party plaintiff, D.R. Horton, Inc., appeals the district court's summary judgments in favor of two subcontractors, third-party defendants, D & S Landscaping, LLC (D & S) and J & K Pipeline, Inc. (J & K). We affirm.

I. Background

D.R. Horton developed the Park Avenue townhome community...

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