Fussell v. Jones

Sognier, Chief Judge.

John W. and Irby Lou Fussell brought suit against Carl E. Jones, Winterchase Townhomes, Inc., Carlsgate Properties, Inc., and Carl E. Jones Development, Inc., alleging claims for fraud, negligent construction, and breach of warranty arising from their purchase of a newly constructed townhouse. The trial court granted Jones’ motion for summary judgment on all claims, granted the defendants’ motion for summary judgment against Irby Lou Fussell on the ground she was not a proper party plaintiff, and denied the Fussells’ summary judgment motion. Appeal is taken from the…