Opinion

State Home Builders Licensure Board v. Teel

  • 887 So. 2d 900
  • 2003 Ala. Civ. App. LEXIS 953
  • 2003 WL 22976534
Court
Court of Civil Appeals of Alabama
Filed
Dec 19, 2003
Status
Published
Author
Crawley
On the bench
Thompson, Pittman, Murdock, Yates, Crawley
Cited by
0 cases

The opinion

CRAWLEY, Judge,

concurring in the result.

I disagree with the analysis used in the main opinion to conclude that the Teels are not entitled to any payment by the Board from the Homeowner’s Recovery Fund. I agree with the trial court that “[t]he Act does not preclude an injured homeowner from recovering damages proximately caused by a licensed homebuilder through the ... [F]und ... simply because the homeowner resides in a county that has not elected to be covered by the licensing provisions of the Act.”

I concur in the result, however, because the Teels failed to follow the correct procedure for applying to the Fund; specifically, they failed to provide the Board with certain information required by Rule 465-X-7-.02(l)(f)2(i)-(iii) and Rule 465-X-7-.02(2)(g)4-6, Ala. Admin. Code.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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