George Miller v. Donna Hutson D/B/A Scott Partin Builders

RENDERED : APRIL 23, 2009 TO BE PUBLISHED 077uyrruir Gurf of 2007-SC-000317-DG r~; pAbCA D.C . GEORGE MILLER, ET AL. APPELLANTS ON REVIEW FROM COURT OF APPEALS V. CASE NO. 2005-CA-001049-MR WHITLEY CIRCUIT COURT NO. 04-CI-00085 DONNA HUTSON (D/B/A SCOTT PARTIN BUILDERS) APPELLEE OPINION OF THE COURT BY JUSTICE SCHRODER REVERSING AND REMANDING There are three issues in this construction-defects case : whether the home builder exception to the doctrine of caveat emptor should be expanded to include subdivision developers of market houses; whether the developer is also the home builder; and…