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Smith v. Dill's Builders Inc.

Genuine issues of material fact remained as to the amount of payment due to a builder in its suit against home buyers to collect the balance due on a contract to build a new home.

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Dill’s Builders, Inc. “DBI” filed suit against Sharon T. Smith and Meiko A. Camp collectively, “the Defendants” to collect the balance due on a contract to build a new home. The trial court granted summary judgment to DBI, finding that Smith’s affidavit in response to DBI’s motion was insufficient to establish genuine issues of material fact. The Defendants appeal, contending that 1 summary judgment was premature as to Camp because the trial court failed to resolve pending jurisdictional issues, and 2 summary judgment was not warranted because genuine issues of material fact remain as to whether DBI adequately performed under the contract. For the reasons that follow, we reverse and remand.

On appeal from a grant of summary judgment, we conduct a de novo review of the evidence to determine if there exists a genuine issue of material fact and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, entitle the movant to judgment as a matter of law.

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