West Florida Community Builders, Inc. v. Mitchell
Docket: No. 88-175
Court: District Court of Appeal of Florida; July 22, 1988; Florida; State Appellate Court
West Florida Community Builders appealed a summary judgment that found it liable for defects in a house sold to the Mitchells, who alleged serious cracking appeared about three years after purchase. The Mitchells had filed a lawsuit in 1987 asserting breach of contract, negligence, and breach of implied warranty, focusing primarily on the implied warranty claim. The court granted summary judgment before West could submit its answer or defenses, which was deemed premature. The Mitchells needed to prove the absence of any genuine issues of material fact, a high burden which they failed to meet. They presented various expert opinions suggesting the cracks were due to poor fill. In contrast, West provided an affidavit from its president asserting that the company did not supply structural fill to the lot, creating a genuine dispute. The court referenced prior case law establishing that builders must assess site stability and foundation needs; however, liability is limited to conditions present at the time of sale. West's president acknowledged the possibility that the cracking resulted from natural settling, indicating a potential defense for West. The court concluded that the Mitchells did not conclusively negate West's defenses, leading to the decision to vacate the summary judgment and remand the case for further proceedings. Judges Campbell and Threadgill concurred with the decision.