MATHEW PAKONIS, APPELLANT,
v.
SCOTT CLARK, ETC., ET AL., APPELLEES
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Mathew Pakonis appeals multiple adverse rulings in a real property partition dispute with Scott Clark, including summary judgment on partition, directed verdict on conspiracy claims, summary judgment on tortious interference claims, and attorney's fees awards. The Third District Court of Appeal affirms all judgments and orders.
The court affirmed all four rulings: summary judgment was proper because no material fact issues existed regarding Clark's entitlement to partition; the directed verdict on conspiracy was correct because Pakonis failed to establish specific overt acts or common goals between defendants; summary judgment on tortious interference was proper because Pakonis failed to establish the required elements; and attorney's fees awards were proper because Pakonis conceded entitlement and failed to show the offers of judgment were improper.
[1] A party is entitled to partition of real property when they hold a deeded interest in the property and no issue of material fact exists regarding their entitlement.
[2] A jury verdict rejecting a party's counterclaims can reinforce the correctness of a summary judgment granted on related issues.
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The trial court correctly granted summary judgment to Clark on the partition claim because nothing raised by Pakonis created an issue of material fact as to Clark's entitlement to partition.”
Establishes the standard for summary judgment in partition cases and affirms the trial court's decision.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn 1998, Clark and Pakonis entered into an agreement regarding real property, with Clark making a series of payments. In 2004, Pakonis deeded a fifty-…
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In these consolidated appeals appellant Mathew Pakonis (“Pakonis”) seeks review of: 1) a summary judgment in favor of appellee Scott Clark, as Trustee of the Scott Clark Revocable Living Trust dated June 18, 2004 (“Clark”) on Clark’s claim for partition; 2) a directed verdict in favor of Clark and appellees Barry V. Lee (“Lee”) and Darelynn L. Prejean-Graves (“Graves”) on conspiracy claims; 3) summary judgment for Lee and Graves on tortious interference claims; and 4) awards of attorney’s fees to Clark, Lee and Graves.1 We affirm as to all judgments and orders appealed.
Pakonis initially appeals a summary judgment entered in favor of Clark on Clark’s claim for partition of certain real property as to which Pakonis had deeded a fifty-percent interest to Clark in 2004. That deed was the result of a 1998 agreement between Clark and Pakonis and a series of payments made by Clark. The trial court granted summary judgment to *504Clark on the partition claim. A jury trial was later held on Pakonis’ counter-claims of breach of fiduciary duty, constructive fraud, conversion and conspiracy, which raised the same factual issues as his defenses to the partition action. The jury returned a verdict in favor of Clark and final judgment was entered in Clark’s favor. Pakonis has not appealed that judgment.
The trial court correctly granted summary judgment to Clark on the partition claim because nothing raised by Pakonis created an issue of material fact as to Clark’s entitlement to partition. Haddad v. Hester, 964 So.2d 707, 710 (Fla. 3d DCA 2007), Rose v. Hansell, 929 So.2d 22, 23 (Fla. 3d DCA 2006). The correctness of the summary judgment was reinforced by the jury verdict, which likewise rejected all of Pakonis’ allegations against Clark in his counterclaim. See, ie., Gutierrez v. Bermudez, 540 So.2d 888, 890 (Fla. 5th DCA 1989) (a trial “becomes the best test of either party’s right to judgment.”), quoting, Fish Carburetor Corp. v. Great Am. Ins. Co., 125 So.2d 889, 891 (Fla. 1st DCA 1961).
During the jury trial the trial court entered a directed verdict as to Clark, Lee and Graves on Pakonis’ claims for conspiracy. Health Options, Inc. v. Palmetto Pathology Svcs., P.A., 983 So.2d 608, 613 (Fla. 3d DCA 2008) (“A trial court’s rulings on motions for directed verdict, and its interpretation of statutes and contracts, are reviewed de novo.”) Pakonis appeals that ruling, but we affirm finding that Pakonis failed to establish any specific overt acts or common goal between Graves, Lee and Clark which was connected in any way to a business opportunity held by Pakonis or any related entity. American Credit Card Telephone Co. v. National Pay Telephone Corp., 504 So.2d 486, 488 (Fla. 1st DCA 1987).
Pakonis next challenges the trial court’s grant of summary judgment to Lee and Graves on his claims for tortious interference. Once again, we affirm. Pakonis failed to establish the elements of such a claim, especially the existence of any protected business relationship. Scott Ferris v. South Florida Stadium Corp., 926 So.2d 399, 402 (Fla. 3d DCA 2006).
Pakonis also challenges the trial court’s award of attorney’s fees to Clark. The award was based upon offers of judgment made by Clark in 2007 and 2011. We affirm. Pakonis conceded Clark’s entitlement to fees below and thus has not preserved this issue for appeal. Vorbeck v. Betancourt, 107 So.3d 1142, 1147-48 (Fla. 3d DCA 2012). Moreover, Pakonis has failed to demonstrate that either offer of judgment was improperly made or filed. Frosti v. Creel, 979- So.2d 912, 916 (Fla.2008), Mills v. Martinez, 909 So.2d 340, 344 (Fla. 5th DCA 2005). We affirm the trial court’s award of attorney’s fees to Lee and Graves on the same grounds.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Mills v. Martinez, 909 So. 2d 340 (Fla. 5th DCA 2005)
- Vorbeck v. Betancourt, 107 So. 3d 1142 (Fla. 3d DCA 2012)
- Fish Carburetor Corp. v. Great Am. Ins. Co., 125 So. 2d 889 (Fla. 1st DCA 1961)
- Health Options, Inc. v. Palmetto Pathology Servs., P.A., 983 So. 2d 608 (Fla. 3d DCA 2008)
- Gutierrez v. Yraida Leyva Bermudez, 540 So. 2d 888 (Fla. 5th DCA 1989)
- Am. Credit Card Tel. Co. v. Nat'l PAY Tel. Corp., 504 So. 2d 486 (Fla. 1st DCA 1987)
- Rose v. Hansell, 929 So. 2d 22 (Fla. 3d DCA 2006)
- Haddad v. Hester, 964 So. 2d 707 (Fla. 3d DCA 2007)
- Ferris v. S. Fla. Stadium Corp., 926 So. 2d 399 (Fla. 3d DCA 2006)