COTTINGTON ROAD TIC, LLC., A DELAWARE LIMITED LIABILITY COMPANY AND DURBAN ROAD TIC, LLC., A DELAWARE LIMITED LIABILITY COMPANY
v.
1662 MULTIFAMILY, LLC., A DELAWARE LIMITED LIABILITY COMPANY, HINES 1662 MULTIFAMILY, LLC., A DELAWARE LIMITED LIABILITY COMPANY, HINES INVESTMENT MANAGEMENT HOLDING LIMITED PARTNERSHIP, ET AL
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Fraud claims were properly dismissed where the plaintiff failed to allege all elements of fraud with the particularity required by Florida Rule of Civil Procedure 1.120(b), and non-reliance clauses in the commercial property sales contract negated any fraud claims.
[1] Non-reliance clauses in commercial property sales contracts negate fraud claims by preventing a purchaser from claiming reliance on extrinsic representations made outside…
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Join FLexlaw to unlock all legal intelligence“non-reliance" clauses in commercial property sales contracts negate fraud claims because purchaser could not recant his contractual promises not to rely upon extrinsic representations”
Court's application of Billington v. Ginn–La Pine Island, Ltd., LLLP to the commercial property transaction at issue
Cottington Road TIC, LLC and Durban Road TIC, LLC appealed the dismissal of their fraud claims against 1662 Multifamily, LLC and related entities in a…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
COTTINGTON ROAD TIC, LLC, A DELAWARE
LIMITED LIABILITY COMPANY AND DURBAN
ROAD TIC, LLC, A DELAWARE LIMITED
LIABILITY COMPANY,
Appellants,
v. Case No. 5D21-332 LT Case No. 2018-CA-415-OC
1662 MULTIFAMILY, LLC, A DELAWARE
LIMITED LIABILITY COMPANY, HINES 1662
MULTIFAMILY, LLC, A DELAWARE LIMITED
LIABILITY COMPANY, HINES INVESTMENT
MANAGEMENT HOLDING LIMITED
PARTNERSHIP, ET AL.,
Appellees. ________________________________/
Opinion filed February 11, 2022
Appeal from the Circuit Court for Osceola County, Robert J. Egan, Judge.
Stephen F. Rosenthal and Ramon A. Rasco, of Podhurst Orseck, P.A., Matthew I. Kramer, of Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC, Miami, and Michael Hornreich, of Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC, Orlando, for Appellants.
2 Carol M. Rooney, of Butler Weihmuller Katz Craig LLP, Tampa, and Bryant F. Belvins, of Butler Weihmuller Katz Craig LLP, Miami, for Appellees.
PER CURIAM.
AFFIRMED. See Fla. R. Civ. P. 1.120(b) (providing that in “all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with such particularity as the circumstances may permit”); Strack v. Fred Rawn Constr., Inc., 908 So. 2d 563, 565 (Fla. 4th DCA 2005) (affirming dismissal of fraud count with prejudice where plaintiff failed to allege all elements despite having been given multiple opportunities to do so); see also Billington v. Ginn–La Pine Island, Ltd., LLLP, 192 So. 3d 77, 84 (Fla. 5th DCA 2016) (holding that “non-reliance” clauses in commercial property sales contracts negate fraud claims because purchaser could not recant his contractual promises not to rely upon extrinsic representations).
SASSO, TRAVER and NARDELLA, JJ., concur.