Iovino v. ITT Community Homes

District Court of Appeal of Florida

Iovino v. ITT Community Homes

721 So. 2d 1254, 1998 Fla. App. LEXIS 16014, 1998 WL 889667

CourtDistrict Court of Appeal of Florida

DecidedDecember 23, 1998

DocketNo. 97-2225

StatusPublished

This text of 721 So. 2d 1254 (Iovino v. ITT Community Homes) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Iovino v. ITT Community Homes, 721 So. 2d 1254, 1998 Fla. App. LEXIS 16014, 1998 WL 889667 (Fla. Ct. App. 1998).

Pincite

Opinion

HARRIS, J.

The Iovinos sued ITT for the faulty construction of a home in Palm Coast. They alleged counts in breach of express warranty, breach of implied warranty, violation of section 553.84, Florida Statutes, fraud in the inducement, and deceptive and unfair trade practices. The trial court dismissed all counts of the complaint. We reverse that portion of the judgment dismissing the count relating to the statutory violation.

The Iovinos set out several conditions that they allege violated the applicable building code. These allegations are sufficient to withstand a motion to dismiss.

AFFIRMED in part; REVERSED in part and REMANDED.

GRIFFIN, C.J., and THOMPSON, J., concur.

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HARRIS, J.

The Iovinos sued ITT for the faulty construction of a home in Palm Coast. They alleged counts in breach of express warranty, breach of implied warranty, violation of section 553.84, Florida Statutes, fraud in the inducement, and deceptive and unfair trade practices. The trial court dismissed all counts of the complaint. We reverse that portion of the judgment dismissing the count relating to the statutory violation.

The Iovinos set out several conditions that they allege violated the applicable building code. These allegations are sufficient to withstand a motion to dismiss.

AFFIRMED in part; REVERSED in part and REMANDED.

GRIFFIN, C.J., and THOMPSON, J., concur.

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Bluebook (online)

721 So. 2d 1254, 1998 Fla. App. LEXIS 16014, 1998 WL 889667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iovino-v-itt-community-homes-fladistctapp-1998.