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Click here for the full text of this decision FACTS:Jerry and Kelly Reynolds bought a previously owned home from State Farm Mutual Automobile Insurance Co. in 1996. The sale did not include any disclosures from anyone that there was damage to the home’s foundation. Kelly noticed cracks in the tiles in the kitchen the same week she moved in. It wasn’t until another two or three months when she realized the cracks came from structural damage. In February 1997, Jerry wrote to Carmen Carl Guido, Builder & Designer Inc., who built the house, to tell the company owner of the problems. The letter, which described cracks along the kitchen floor, stressed that the Reynoldses did not hold Guido responsible, but would probably be seeking redress from the contractors. Jerry sent another letter soon thereafter identifying a roof leak that also involved the master bath and the fireplace. After inspecting the home, Carmen Guido wrote the Reynoldses that the problems were not severe and could be repaired by any number of contractors. One contractor identified was Post-Tensions Engineering. Guido also encouraged the couple to get any inspections that were done at the time they bought the home to determine whether they documented any structural or drainage concerns. Around July 1997, the Reynoldses hired John A. Morris to investigate the home’s condition. Morris noted several symptoms of post-construction foundation movement, such as the crack in the kitchen, one in the breakfast room, sticking doors, sheet rock and brick veneer stress and water damage. A recommendation for repair methods was submitted in February 1998. Around this time, while the water-damaged carpets were being replaced, Kelly noticed a two-finger-wide crack in the slab across the living room floor. The Reynoldses then made a claim with State Farm. A State Farm inspector concluded in January 1999 that the problem with the house was structural and did not have to do with the house’s plumbing. State Farm denied the claim. Morris filed his final report in November 1999. The reporter identified a faulty slab as the root of the problem and identified Post-Tension as the slab’s designer. The Reynoldses sued Guido, Post-Tension and the State Farm entity who sold them the house. All of the defendants filed for summary judgment, and all of their motions were granted. HOLDING:Affirmed. The court reviews Guido’s and Post-Tension’s motions for summary judgment to determine whether they established as a matter of law that the Reynoldses sued them more than two years after they discovered, or with reasonable diligence should have discovered, the foundation problems with their home. The court finds that well before the end of November 1996 (three years prior to the filing of the engineer’s report), Kelly Reynolds know of the cracks in the floor and the cracks in the kitchen tiles. She and Jerry had engaged an attorney to deal with the contractors and had an expert inspect the property and make a report on it. The summary judgment evidence thus supports the trial court’s ruling in these two defendants’ favor. The court also upholds both of State Farm’s motions. One was a traditional motion that addressed the sale agreement for the house “as is.” The no-evidence motion dealt with the breach of contract. The court finds that the trial court specifically granted both of State Farm Mutual’s summary judgment motions, but that the Reynoldses did not assign error to the no-evidence motion. Thus, the court affirms the trial court’s judgment in favor of State Farm Mutual on the no-evidence ground. OPINION:FitzGerald, J.; FitzGerald, Richter and Lang-Miers, JJ.

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