Pickell v. Lennar Homes, LLC
A homebuyer sued the builder (Lennar) and, in a separate suit, the HVAC subcontractor (Mills), obtaining a satisfied default judgment against Mills. The trial court granted Lennar summary judgment on res judicata grounds, finding privity between general contractor and subcontractor. The Sixth DCA reversed as to the implied warranty and limited warranty counts, holding that privity for res judicata purposes is distinct from privity of contract and that the indemnity obligation ran the wrong way — from the subcontractor to the general contractor — so there was no identity of parties.
Key facts
- Homebuyer sued builder Lennar Homes and, separately, the HVAC subcontractor Mills, obtaining a satisfied default judgment against Mills for construction defects.
- Lennar moved for summary judgment asserting res judicata based on privity between general contractor and subcontractor, which the trial court granted.
- +2 more key facts with a free trial
Why it matters
Useful for construction and commercial litigators defending against res judicata or claim-splitting defenses where a plaintiff has separately sued a general contractor and its subcontractors. The opinion draws a clean… — full analysis with a trial
Read the full opinion, holdings & search — free for 30 days
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision — in your hands.
- Search every tracked Florida decision in seconds
- Save, tag & file the cases that matter into your own library
- Read the full plain-English analysis and holdings
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.