Homebuilder's Motion to Dismiss Affirmed; Repairs Do Not Toll Statute of Repose, App. Ct. Says

RALEIGH, N.C. - The North Carolina Court of Appeals affirmed a homebuilder's motion to dismiss an EIFS case, stating that the repairs done by the defendant were insufficient to allow the statute of repose to toll or start running anew, and therefore the action was not timely filed. William R. Whitehurst, and wife, Mary Darlene Whitehurst, v. Hurst Built, Inc., Carl E. Smith, d/b/a Select Stucco, and Sto Corp., No. COA02-352 (N.C. App. Ct.).

According to the March 18 opinion, the appeals court was unable to conclude that the homebuilder's actions during the six-year period prior to the filing of …