Abichandani v. Related Homes of Tampa, Inc.

696 So. 2d 802 (1997)

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Abichandani v. Related Homes of Tampa, Inc.

Florida District Court of Appeal
696 So. 2d 802 (1997)

Facts

Krishin Abichandani (plaintiff) entered into a contract with Related Homes of Tampa, Inc. (RHT) (defendant) for RHT to construct a house for Abichandani. The final sale on the constructed home closed approximately one year later. Shortly after the closing, RHT installed a sprinkler control box on Abichandani’s property. Abichandani filed a trespass action against RHT, which the trial court dismissed on summary judgment in favor of RHT. Immediately after, Abichandani filed another lawsuit against RHT based on alleged constructive defects in the newly built home. RHT moved to dismiss, arguing that Abichandani had impermissibly split his cause of action against RHT. Specifically, RHT argued that, because both Abichandani’s prior trespass lawsuit and his current lawsuit arose from Abichandani’s purchase of the newly constructed home, Abichandani should have raised all related issues in his original action. RHT did not submit a certified copy of the court’s file from Abichandani’s trespass action to support the allegations in its motion to dismiss. The trial court dismissed Abichandani’s action on the basis of claim splitting, holding that Abichandani’s current action was barred because the claims therein should have been raised in Abichandani’s prior action. Abichandani appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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