Scully v. 1st Magnolia Homes, Inc.

Blackburn, Presiding Judge.

In this action regarding the allegedly negligent construction of a synthetic stucco home, we affirmed the trial court’s grant of summary judgment to defendants on plaintiffs’ claims for breach of contract and tort, and held that this ruling rendered moot their claim for attorney fees. Scully v. 1st Magnolia Homes (“Scully I”).1 The Supreme Court of Georgia in Scully v. 1st Magnolia Homes (“Scully II")2 reversed our holding regarding plaintiffs’ breach of contract claim and affirmed our holding regarding plaintiffs’ tort claim. Accordingly, we vacate Division 1 of…