Busch v. Lennar Homes, LLC

Timothy Busch (Homeowner) appeals the trial court’s order dismissing his complaint with prejudice based on the expiration of the ten-year statute of repose applicable to construction defect claims. See § 95.11(3)(c), Fla. Stat. (2015). Because the complaint does: not conclusively establish that the statute of repose had expired prior to the, filing of Homeowner’s complaint, we reverse. :

When ruling on a motion to dismiss a complaint, the trial court must look no further than the complaint and its attachments and must treat as true all of the complaint’s well-pleaded allegations. Morin v.…