FRANCIS R. PROTO, APPELLANT,
v.
CENTURY FEDERAL SAVINGS BANK, ET AL., APPELLEES
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The court held that Abb-Hitt failed to raise the issue of its agent's freedom from wrongdoing in its motion for summary judgment, thus precluding summary judgment on that basis.
Pathfinder Services, Inc. (Pathfinder) was involved in marketing and renting mobile homes. Francis R. Proto sued, alleging wrongdoing by Pathfinder. A…
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PETERSON, Judge.
We have for consideration another sales transaction in a series of cases spawned by the unsuccessful plan of Pathfinder Services, Inc., (Pathfinder) to market and rent for purchasers mobile homes placed in a mobile home park known as Nature’s Woods. See Boucher v. First Community Bank of Orange City, 626 So. 2d 979 (Fla. 5th DCA 1993); Prenoveau v. First Community Bank of Orange City, 627 So. 2d 529 (Fla. 5th DCA 1993).
We affirm the judgment in favor of Century Federal Savings Bank and Earl Abbott and we reverse the summary judgment entered in favor of Abb-Hitt Corporation (Abb-Hitt) for the reasons stated in Boucher. In summary those reasons were that Abb-Hitt failed in its motion for summary judgment to raise the issue that its agent Pathfinder was free from the wrongdoings alleged in Francis R. Proto’s third-party complaint for which Abb-Hitt could be responsible if the acts were within the scope of the agency relationship. The issue raised in Abb-Hitt’s motion was an absence of liability because none of its officers had any contact with Proto and therefore could not have made any representations to Proto.
In attempting to distance itself from Pathfinder, Abb-Hitt asserted in its motion for summary judgment that “[t]o the contrary, Dr. Proto relied on the recommendation of a close personal friend, an Andrew Bedard, in connection with his involvement with Pathfinder.” The record shows that Bedard was an employee or agent of Pathfinder who shared in the purchase price of Proto’s mobile home along with Abb-Hitt and Pathfinder. Any actionable representations made by Bedard as well as those of the officers of Pathfinder, may be attributable to Abb-Hitt if found to be within the scope of the principal agent relationship between Abb-Hitt and Pathfinder. We remand for further proceedings.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
DAUKSCH and COBB, JJ., concur.
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Citator
Cited By
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Proto v. Graham, 788 So. 2d 393 (Fla. 5th DCA 2001)…n principal and interest, together with $28,907.30 in fees and costs. Graham was authorized to appeal, and this court affirmed the summary judgment as to Century, but reversed the judgment in favor of Abb-Hitt. Proto v. Century Federal Savings Bank, 629 So. 2d 921 (Fla. 5th DCA 1993). A final judgment was thereafter entered in favor of Century which added appellate fees and costs of $15,306. Dr. Proto then sued Graham and his law firm seeking recovery of the final judgment against him. A jury returned a verd…
Authorities Cited
- Boucher v. First Cmty. Bank OF Orange City, 626 So. 2d 979 (Fla. 5th DCA 1993)
- Alan Richard Textiles, Ltd. v. Vertilux, Inc., 627 So. 2d 529 (Fla. 3d DCA 1993)
- Prenoveau v. First Cmty. Bank OF Orange City, 627 So. 2d 529 (Fla. 5th DCA 1993)