Yinsog Rhee, et al., Appellants, vs. Golden Home Builders, Inc., Respondent, Does 1 through 5, inclusive, Defendants, Golden Home Builders, Inc., Defendant and Third-Party Plaintiff, vs. Alan Henderson, d/b/a Progressive Stucco, Defendant and Third Party Defendant., 617 N.W.2d 618

Summary

Plaintiffs sued defendants, the parties who built plaintiffs' home, for defects with the home which caused leakage. Defendants made repeated assurances that the defects would be repaired, and tried unsuccessfully for several years to repair the home. The trial court granted defendants' motion for summary judgment, ruling that the statute of limitations had expired. The court held the trial court abused its discretion in allowing defendants to amend their answer to assert a statute of limitations defense without giving plaintiffs 14 days notice as required by Minn. R. Gen. Prac. 115.04(a). Plaintiffs were prejudiced, as they had no opportunity to fashion a response. The court further held that genuine issues of material fact existed as to whether defendants were equitably estopped from raising statute of limitations as a defense. Defendants made assurances that the defect would be repaired, and plaintiffs reasonably and detrimentally relied on those assurances. The court further held ...