Appeals Court Upholds Denial of Motion to Abate Drywall Claim

MIAMI - A state appeals court has upheld a decision denying a Chinese drywall supplier's motion to abate a Florida personal injury and property damage class action for failure to comply with the state's construction defects notice statute. Banner Supply Co. v. Harrell, et al., No. 3D09-2165 (Fla. Ct. App., 3rd Dist.).

The Third District Court of Appeal ruled Dec. 23 that Banner Supply Co. was given ample opportunity to comply with Chapter 558, but failed to either inspect or offer a resolution to the alleged defects in the plaintiffs' homes. According to the decision, Banner's failure to do anything …