WEST PALM BEACH –– A lawsuit filed by several homeowners alleging construction defects will continue, an appellate court ruled.
On Sept. 12, Florida's 4th District Court of Appeals overturned a lower court's ruling in favor of Centex Homes.
In the opinion, the three judge panel found the homeowners' lawsuit was not filed after the statute of limitations of such civil actions.
In 2004, the homeowners took possession of their townhomes. Nearly 10 years later, they notified Centex about defects in the homes' construction, according to court documents. When Centex refused to fix the alleged defects, the homeowners sued.
The trial court ruled the statute of limitations ran out after 10 years. The homeowners argued the notice to the company was the beginning of their legal battle, not the actual lawsuit.
“We agree with [the] homeowners that Chapter 558 lays out a series of mandatory steps that must be complied with before judicial action is to be taken, and therefore, the pre-suit notice constitutes an “action” for purposes of the statute of repose,” Judge Ivan Fernandez wrote.
“Therefore, because the homeowners commenced an action by providing the requisite pre-suit notice to Centex within the 10-year statute of repose period, we reverse the final judgment entered by the trial court granting summary judgment in favor of Centex and remand for further proceedings consistent with this opinion,” he concluded.
Associate Judges Richard Suarez and Edwin Scales concurred.