42 East, LLC v. D.R. Horton, Inc.

GEER, Judge.

Defendant D.R. Horton, Inc. (“Horton”) appeals from the Order and Rule 52(a) Judgment entered against Horton and in favor of plaintiff 42 East, LLC (“42 East”) after a bench trial. Because (1) the order did not resolve all the issues necessary to determine Horton’s liability, (2) the findings of fact were made under a misapprehension of the law, and (3) some of the findings are not supported by the evidence, we vacate and remand for further findings of fact and conclusions of law.

Facts

Horton is the nation’s largest homebuilder. This case arises out of a Lot Purchase Agreement…