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TIISMANN v. LINDA MARTIN HOMES CORP.

No. S05G0001.

610 S.E.2d 68 (2005)

279 Ga. 137

TIISMANN v. LINDA MARTIN HOMES CORPORATION.

Supreme Court of Georgia.

Reconsideration Denied March 28, 2005.

Attorney(s) appearing for the Case

Weizenecker, Rose, Mottern & Fisher, Vaughn W. Fisher Jr., Kimberly K. Perez, Atlanta, Mark F. Dehler, Decatur, Womble, Carlyle, Sandridge & Rice, Frank G. Goldman, Atlanta, for Appellant.

Michael A. Kessler, Barry W. Reid, Atlanta, for appellee.

Thurbert E. Baker, Attorney General, Isaac Byrd, Deputy Attorney General, Sidney R. Barrett, Jr., Assistant Attorney General, amicus curiae.

CARLEY, Justice.

In a contract executed on December 12, 1998, Linda Martin Homes Corporation (LMH) agreed to build a house and sell it to Mart Tiismann. After closing on November 17, 1999, Tiismann moved into the new home and discovered several building code violations. Arbitration of claims asserted by Tiismann for breach of contract, negligent construction, and conversion resulted in a damages award which was subsequently satisfied. On May 8, 2001, however, Tiismann...

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