Florida District Courts of Appeal, 1998

Iovino v. ITT Community Homes

Iovino v. ITT Community Homes
Florida District Courts of Appeal · Decided December 23, 1998 · Griffin, Harris, Thompson
721 So. 2d 1254; 1998 Fla. App. LEXIS 16014; 1998 WL 889667 (Southern Reporter, Second Series)

Iovino v. ITT Community Homes

Opinion of the Court

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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