Legal Opinion
Pulte Home Corp. v. Bay at Cypress Creek Homeowners' Ass'n
District Court of Appeal of Florida
Decided August 9, 2013No. 2D13-316PublishedCited by 9 opinions
1Opinion of the Court
WALLACE, Judge.
Pulte Home Corporation (Pulte) seeks review of the circuit court’s order denying its renewed motion to compel arbitration of an action brought by Bay at Cypress Creek Homeowners’ Association, Inc. (the HOA), for alleged building code violations under section 553.84, Florida Statutes (2011).1 We reverse the order under review on the authority of Pulte Home Corp. v. Vermillion Homeowners Ass’n, 109 So.3d 233 (Fla. 2d DCA 2013).
The HOA made a tactical decision to plead its amended complaint as an action based on a statutory violation instead of as an action for breach of warranty.…
2Cases cited5 opinions
- Orkin Exterminating Co., Inc. v. PetschDistrict Court of Appeal of Florida · 2004
- Aztec Medical Services, Inc. v. BurgerDistrict Court of Appeal of Florida · 2001
- Beazer Homes Corp. v. BaileyDistrict Court of Appeal of Florida · 2006
- Pulte Home Corp. v. Vermillion Homeowners Ass'nDistrict Court of Appeal of Florida · 2013
- Reeves v. Ace Cash Express, Inc.District Court of Appeal of Florida · 2006
3Cited by9 opinions
- Joanne Kong v. Allied Professional Insurance CompanyCourt of Appeals for the Eleventh Circuit · 2014
- Gunson v. BMO Harris Bank, N.A.District Court, S.D. Florida · 2014
- Anderson v. Taylor Morrison of Florida, Inc.District Court of Appeal of Florida · 2017
- Cartagena v. Martino-VillanuevaDistrict Court, M.D. Florida · 2022
- Gomez v. Allied Professionals Insurance CompanyDistrict Court, S.D. Florida · 2020
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