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POND HOLLOW HOMEOWNERS v. THE RYLAND GROUP

No. A09-1172.

779 N.W.2d 920 (2010)

POND HOLLOW HOMEOWNERS ASSOCIATION, Plaintiff, v. THE RYLAND GROUP, INC., a Maryland corporation, defendant and third party plaintiff, Respondent, v. Stock Building Supply, Inc. d/b/a Barnabo Builders, a North Carolina corporation, et al., Third Party Defendants, and Automated Building Components, Inc., Fourth Party Plaintiff, v. Reliant Building Products, Inc., a Florida corporation, et al., Fourth Party Defendants, and D.S.M. Excavating Company, Inc., Third Party Defendant and Fourth Party Plaintiff, v. Braun Intertec Corporation, Fourth Party Defendant, Pioneer Engineering, P. A., fourth party defendant, Appellant.

Court of Appeals of Minnesota.

March 30, 2010.

Attorney(s) appearing for the Case

Karl E. Robinson, Kurt M. Mitchell, Hellmuth & Johnson, PLLC, Eden Prairie, MN, for respondent.

Katherine A. McBride, Michael D. Hutchens, Lenae M. Pederson, Meagher & Geer, P.L.L.P., Minneapolis, MN, for appellant.

Considered and decided by HUDSON, Presiding Judge; CONNOLLY, Judge; and JOHNSON, Judge.

OPINION

HUDSON, Judge.

On appeal from summary judgment in its favor, appellant contends that the district court erred by dismissing respondent's claims without prejudice. By notice of review, respondent challenges the grant of summary judgment on its professional-negligence claim. Because respondent has failed to establish a prima facie case of professional negligence, we affirm in part. But because the district court erred by dismissing respondent's claims...

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