Sunstate Bank v. BBG Real Estate Services

Summary

The United States District Court for the Southern District of Florida denied BBG Real Estate Services’ motion to dismiss Count I of Sunstate Bank’s complaint. The court held that Florida’s independent tort doctrine did not bar Sunstate Bank’s professional negligence claim because an appraiser’s professional duties exist independently of contractual obligations.

Holdings

1. Florida's independent tort doctrine does not bar Sunstate Bank's professional negligence claim because an appraiser's duty to perform professional services according to the applicable professional standard of care exists independently of the appraisal agreement.
2. Count I adequately states a claim for professional negligence and should not be dismissed.

Questions Presented

1. Whether Sunstate Bank's professional negligence claim is barred by Florida's independent tort doctrine because it is based on the same alleged appraisal errors and USPAP violations underlying its breach of contract claim.
2. Whether Count I adequately states a claim for professional negligence under Rule 12(b)(6).

Disposition

other