Capitol Builders, Inc. v. Shipley

PIVARNIK, Justice.

This action was brought by Plaintiffs-Ap-pellees David and Elaina Shipley for negligence and breach of warranty in the construction of their home. Following a jury trial, the trial judge entered judgment in their favor. Defendant-Appellant Capitol Builders, Inc., appealed to the Second District Court of Appeals who affirmed the trial court. The only issue presented in this Petition to Transfer is Appellant's contention that the trial court erred by reading to the jury, over Appellant's objection, a supplemental final instruction generally referred to as an "Allen charge."…