Carter v. Jim Walter Homes, Inc.

COMBS, Judge.

This is an appeal from a summary judgment and order of sale of the Logan Circuit Court in a foreclosure action. The issue on appeal is whether the record demonstrates genuine issues of material fact as to payment arrearages, failure to maintain homeowners' insurance, and construction defects raised in appellants’ counterclaim, which would preclude summary judgment pursuant to CR 56.03.

Appellants, Billy Wayne and Georgia Carter [hereafter Billy Wayne or Georgia], contracted with appellee, Jim Walter Homes, Inc., [hereafter Jim Walter], in February 1980 for the construction of a…