Homeowners Successfully Reverse Summary Judgment; Evidence Suggests Builder Fraudulently Concealed Mold Problems

SAN ANTONIO - According to a Jan. 15 opinion, an appeals court has reversed in part a lower court's granting of summary judgment in favor of a home builder, stating that the homeowners raised evidence suggesting that the builder may have fraudulently concealed mold and water problems in their house. Brian Booker, et al., Appellants, v. Real Homes, Inc., et al., Appellees, No. 04-02-00122-CV (Texas Ct. App., 4th Dist.).

The appeals court affirmed the portion of the summary judgment pertaining to the windows manufacturer/distributor, which was also named as a defendant in the case, however, stating that the homeowners failed …