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 \u2014 from the subcontractor to the general contractor \u2014 so there was no identity of parties.
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