Booth v. Duffy Homes, Inc.

Annotate this Case

Download PDF

[Cite as Booth v. Duffy Homes, Inc., 121 Ohio St.3d 358, 2009-Ohio-1392.] BOOTH ET AL., APPELLANTS, v. DUFFY HOMES, INC., APPELLEE. [Cite as Booth v. Duffy Homes, Inc., 121 Ohio St.3d 358, 2009-Ohio-1392.] Discretionary appeal accepted on Proposition of Law No. I and cause remanded for consideration of Martin v. Design Constr. Servs., Inc. (No. 2008-2258 Submitted February 17, 2009 Decided April 1, 2009.) APPEAL from the Court of Appeals for Franklin County, No. 07AP-680, 2008-Ohio-5261. __________________ {¶ 1} The discretionary appeal is accepted on Proposition of Law No. I. {¶ 2} The cause is remanded to the court of appeals for consideration of whether the court of appeals judgment should be modified in view of our opinion in Martin v. Design Constr. Servs., Inc., 121 Ohio St.3d 66, 2009-Ohio-1, 902 N.E.2d 10. MOYER, C.J., and LUNDBERG STRATTON, O CONNOR, O DONNELL, and CUPP, JJ., concur. PFEIFER and LANZINGER, JJ., dissent and would not accept the appeal. __________________ Fusco, Mackey, Mathews & Gill, L.L.P., and Michael J. Fusco, for appellants. Zeiger, Tigges & Little, L.L.P., John W. Zeiger, Stuart G. Parsell, and Matthew S. Zeiger, for appellee. ______________________

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.