JAMES M. ROBINSON, ET AL. V. PULTE HOMES TENNESSEE LIMITED PARTNERSHIP - Articles

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Posted by: Landry Butler on Jan 5, 2018

Court: TN Court of Appeals

Attorneys 1:

Dan E. Huffstutter, Nashville, Tennessee, for the appellants, James M. Robinson and Martha P. Robinson.

Attorneys 2:

Russell B. Morgan and Frankie Neil Spero, Nashville, Tennessee, for the appellee, Pulte Homes Tennessee Limited Partnership.

Judge(s): BENNETT

Purchasers of an unimproved parcel of real property filed suit against their grantor’s seller, claiming that the seller violated the warranty of title that it issued to the purchasers’ grantor. This action was filed several years after a related class action lawsuit was concluded in which the trial court ruled that the class plaintiffs’ units were properly classified as condominiums rather than fee simple estates. The trial court in the instant action dismissed the complaint on grounds of res judicata and estoppel by deed, among other grounds. The purchasers appeal, and we affirm the trial court’s judgment.

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