Septentriona Domus, LLC v. Keystone Morgan Real Estate and Property Management LLC

Summary

The Florida Third District Court of Appeal affirmed a final summary judgment for Joan Bennett and Keystone Property Management, Inc. in an investment-property dispute involving alleged fraudulent inducement, breach of fiduciary duty, civil conspiracy, negligent misrepresentation, and violations of Florida's Deceptive and Unfair Trade Practices Act. The court held that the appellants failed to identify probative evidence establishing a genuine issue of material fact or a basis for imposing liability on the appellees for the conduct of other defendants.

Holdings

1. Summary judgment was proper because appellants failed to identify probative evidence that would permit a factfinder to find in their favor on any asserted claim.
2. Appellants failed to establish a genuine issue of material fact because they identified no probative record evidence that Bennett made actionable misrepresentations to them on which they detrimentally relied.
3. Appellants failed to establish a genuine issue of material fact because they identified neither wrongful conduct by Keystone nor a legal basis for holding Keystone liable for conduct by Keystone Morgan or Cluzel.

Questions Presented

1. Whether the defendants were entitled to summary judgment because appellants failed to identify probative evidence establishing a genuine issue of material fact on their asserted claims.
2. Whether appellants presented evidence that Joan Bennett made actionable misrepresentations, had a fiduciary relationship with appellants, or was personally liable for conduct by Bruno Cluzel or Keystone Morgan.
3. Whether appellants presented evidence of wrongful conduct by Keystone Property Management, Inc. or a legal basis for imposing derivative liability on it for conduct by Keystone Morgan.

Disposition

affirmed