MCINTOSH FISH CAMP, LLC., A FLORIDA LIMITED LIABILITY COMPANY AND SUSAN G. MONROE
v.
MARTIN E. COLWELL, MARK D. COLWELL AND CHARLIE L. GATES, JR.
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McIntosh Fish Camp and Susan Monroe appealed a summary judgment foreclosing a purchase money mortgage in favor of Martin E. Colwell, Mark D. Colwell, and Charlie L. Gates, Jr. The appellants raised affirmative defenses alleging fraud in the inducement and material misrepresentations, and the court reversed because genuine issues of material fact remained in dispute.
The trial court erred in granting summary judgment because genuine issues of material fact remained in dispute regarding the appellants' fraud in the inducement and misrepresentation defenses. Summary judgment was improper when appellees did not carry their burden of establishing that there were no genuine issues of material fact or that they were entitled to judgment as a matter of law.
[1] A party seeking summary judgment must not only establish that no genuine issues of material fact exist as to its claims but must also either factually refute the affirmat…
[2] The entry of summary judgment where affirmative defenses remain unaddressed is error.
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Join FLexlaw to unlock all legal intelligence“Because genuine issues of material fact remain in dispute, the trial court erred in granting summary judgment.”
Establishes the core holding that summary judgment was improper due to remaining factual disputes
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Join FLexlaw to unlock all legal intelligenceThe appellants purchased property and executed a purchase money mortgage to the appellees. Appellants alleged that the appellees committed fraud in th…
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PER CURIAM.
Appellants, McIntosh Fish Camp, LLC and Susan Monroe, appeal the final summary judgment entered against them, foreclosing a purchase money mortgage, in favor of Appellees, Martin E. Colwell and Mark D.
Colwell. Appellants opposed the foreclosure complaint with factually specific affirmative defenses alleging that Appellees had committed fraud in the inducement, made material misrepresentations, and intentionally hindered
Appellants’ efforts to inspect and investigate the subject property and improvements thereon. Appellants opposed summary judgment by timely filing Monroe’s affidavit that set forth detailed factual accounts of those same matters. Because genuine issues of material fact remain in dispute, the trial court erred in granting summary judgment. Accordingly, we reverse and remand for further proceedings.
This is the second time this case has come before this Court regarding entry of summary judgment in favor of Appellees. In McIntosh Fish Camp, LLC v. Colwell, 315 So. 3d 784 (Fla. 5th DCA 2021) (“McIntosh 1”), this Court reversed a summary judgment entered in favor of Appellees on Appellants’ amended counterclaims in which Appellants sought various remedies for Appellees’ alleged fraud in the inducement. 1 1 For the reasons discussed in McIntosh 1, this Court affirmed summary judgment entered in favor of Appellees regarding those aspects of the counterclaim seeking recission and specific performance. 2 The transaction, allegations, facts, and legal issues discussed in McIntosh 1 are essentially identical to those raised in this appeal; thus, we need not repeat them here. Suffice it to say that Appellees did not carry their burden of establishing that there were no genuine issues of material fact or that they were entitled to judgment in their favor as a matter of law.
Accordingly, we reverse the summary final judgment of foreclosure and remand the case for further proceedings consistent with McIntosh 1 and this opinion.
REVERSED and REMANDED, with instructions.
EDWARDS, EISNAUGLE and TRAVER, JJ., concur. 3
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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McIntosh Fish Camp, LLC. v. Colwell, 315 So. 3d 784 (Fla. 5th DCA 2022)…in granting summary judgment. Accordingly, we reverse and remand for further proceedings. This is the second time this case has come before this Court regarding entry of summary judgment in favor of Appellees. In McIntosh Fish Camp, LLC v. Colwell, 315 So. 3d 784 (Fla. 5th DCA 2021) (“McIntosh 1”), this Court reversed a summary judgment entered in favor of Appellees on Appellants’ amended counterclaims in which Appellants sought various remedies for Appellees’ alleged fraud in the inducement. 1 1 For the rea…
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Parque Towers Developers, LLC v. Pilac Mgmt., Ltd., 395 So. 3d 189 (Fla. 3d DCA 2024)…a claim of fraud in the inducement. 4 So. 2d at 691; see also NM Residential, LLC v. Prospect Park Dev., LLC, 336 So. 3d 807, 809 (Fla. 2d DCA 2022); Levitan v. Dancaescu, 347 So. 3d 485, 491 (Fla. 1st DCA 2022); McIntosh Fish Camp, LLC v. Colwell, 315 So. 3d 784, 787 (Fla. 5th DCA 2021) (“[T]he existence of a merger clause does not necessarily bar a fraudulent inducement claim.”). However, because the agreement here “waives and expressly releases any such warranty and claim for loss or damages resulting fro…
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Parque Towers Developers, LLC v. Kurzban (Fla. 3d DCA 2024)…a claim of fraud in the inducement. 4 So. 2d at 691; see also NM Residential, LLC v. Prospect Park Dev., LLC, 336 So. 3d 807, 809 (Fla. 2d DCA 2022); Levitan v. Dancaescu, 347 So. 3d 485, 491 (Fla. 1st DCA 2022); McIntosh Fish Camp, LLC v. Colwell, 315 So. 3d 784, 787 (Fla. 5th DCA 2021) (“[T]he existence of a merger clause does not necessarily bar a fraudulent inducement claim.”). However, because the agreement here “waives and expressly releases any such warranty and claim for loss or damages resulting fro…
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- McIntosh Fish Camp, LLC. v. Colwell, 315 So. 3d 784 (Fla. 5th DCA 2022)