COLORMATCH EXTERIORS, INC. v. HICKEY, A00A2257 (Ga.App. 8-16-2002)

COLORMATCH EXTERIORS, INC. v. HICKEY et al.

A00A2257.Court of Appeals of Georgia.
DECIDED: AUGUST 16, 2002

ELLINGTON, Judge.

The trial court granted the motions for summary judgment filed by David V. Bowden and Kevin Mathews d/b/a/ Mathews Custom Homes, Mathews Home Builders, Inc., Mathews Custom Homes, Inc., and Colormatch Exteriors, Inc. on the claims of David and Kimberly Hickey relating to the synthetic stucco cladding of their home. In Hickey v. Bowden, 248 Ga. App. 647
(548 S.E.2d 347) (2001), we reversed after finding that the trial court erred in concluding the Hickeys’ claims were barred by the statutes of limitation.

The Supreme Court granted certiorari and reversed our finding as to Colormatch Exteriors, Inc., holding that the date of substantial completion could, and in this case did, occur earlier than the issuance of the certificate of occupancy. Colormatch Exteriors Inc. v. Hickey___ Ga. ___ (Case No. S01G1036, decided June 10, 2002). Accordingly, our ruling in Hickey v. Bowden, 248 Ga. App. 647, is vacated as to Colormatch Exteriors Inc., and the judgment of the Supreme Court is made the judgment of this Court.

Judgment reversed. Andrews, P.J., and Ruffin, J., concur.

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