Homeowners Dispute Effectiveness of Mutual Release Agreement

LAKELAND, Fla. - A mutual release agreement may yet bar claims asserted by a homeowner against a developer, but the facts were not sufficiently developed to sustain the developer's summary judgment motion, a Florida appellate court has ruled. Schornberg v. Panorama Custom Home Builders Inc., et al., No. 2D07-87 (Fla. Ct. App., 2nd Dist.).

The 2nd District Court of Appeal vacated summary judgment for Panorama Custom Home Builders Inc. on Dec. 28, saying there is, as yet, no evidence to show when the Mutual Release Agreement was signed or when the mold problem was first discovered.

Albert and Cindy Schornberg …