ROMAN E. SCHMIDT ET AL., APPELLANTS,
v.
N. R. BRYANT, D/B/A BRYANT REAL ESTATE, APPELLEE

Fla. 1st DCA | 1975-05-13
No. W-241
RAWLS, C. J., and JOHNSON, J., concur.
312 So. 2d 209 Florida District Court of Appeal, First District (1975) Positive Treatment
Cited by 4 cases

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Synopsis

Appellants purchased a real estate property through a broker's agent, but the sellers changed their minds before closing. Appellants sued the broker for breach of fiduciary duty and negligence, claiming the broker failed to keep parties informed and arrange a proper closing appointment. The court affirmed summary judgment for the broker, finding no causal connection between any alleged breach and the transaction's failure.


Holding

The court affirmed summary judgment for the broker, holding that appellants failed to establish any reasonable inference that the transaction's failure resulted from the broker's breach of duty or negligence, and that there was no causal connection between any alleged negligence and the sellers' decision not to sell.


Headnotes

[1] A real estate agent's actions do not constitute a breach of fiduciary duty or negligence absent evidence of a causal connection between those actions and the failure to c…

[2] Summary judgment is appropriate when there is no issue of material fact and the moving party is entitled to judgment as a matter of law.

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Key Quotes

“We have examined the file and read the affidavits and depositions which were before the court on motion for summary judgment and have been unable to determine that there is any reasonable inference that the transaction was not consummated because of a breach of duty or negligence on the part of appellee.”

The court's finding that appellants failed to present evidence supporting their claims of breach or negligence.

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Facts & Procedural History

Appellants from Miami responded to a newspaper advertisement and contacted Mrs. Retha Taylor, an agent of appellee Bryant Real Estate, about purchasin…

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Opinion of the Court
McCORD, Judge.

McCORD, Judge.

This is an appeal from a summary judgment entered in favor of appellee (defendant). The file shows that appellants (plaintiffs), who lived in Miami, in response to a newspaper advertisement, contacted Mrs. Retha Taylor (an agent of appellee) concerning the purchase of certain real estate. The property was owned by Charles R. Klein and his daughter, Mrs.

J. D. McKinney, and was the home of Klein. Mrs. Taylor showed the property to appellant and through appellee’s efforts, appellants and Klein and his daughter entered into a purchase and sale contract — all parties signing before August 21, 1972. Appellants deposited a total of $1,100 with appellee and subsequently had difficulty arranging their financing but finally worked the matter out and notified Mrs. Taylor that they were coming to Gainesville on November 2, 1972. Appellants arrived on that date and they and Mrs. Taylor went out to Klein’s residence but were unable to locate him and ultimately determined from his daughter that she and her father had decided not to go through with the sale. Appellants brought suit against Klein and his daughter for breach of contract and that suit was dismissed after two amended complaints were filed. Appellants then filed a third amended complaint against appellee for breach of a fiduciary duty and summary judgment was entered against appellants. Subsequently, the $1,100 deposit was returned to appellants.

Appellants contend that appellee, through its agent, Mrs. Taylor, was negligent in the handling of the real estate transaction; that appellee breached its fiduciary duty by not keeping the parties informed as to the material facts pertaining to the transaction ; that appellee should have been aware of the problems arising in the transaction and notified the parties.

We have examined the file and read the affidavits and depositions which were before the court on motion for summary judgment and have been unable to determine that there is any reasonable inference that the transaction was not consummated because of a breach of duty or negligence on the part of appellee. It does appear that appellee did not set up an appointment with Klein prior to appellants making the trip from Miami to Gainesville for the closing, but Klein and his daughter were in Gainesville at the time and when contacted, it developed that they had changed their minds and had determined not to sell. There is no evidence or reasonable inference of a causal connection between their failure to complete the. transaction and any negligence or breach of duty on the part of appellee.

We find no issue of material fact.

Affirmed.

RAWLS, C. J., and JOHNSON, J., concur.


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Citator

Cited By

  • Fredric M. Bernstein v. True, 636 So. 2d 1364 (Fla. 4th DCA 1994)
    …ons caused the Zichecks not to sell to Bernstein nor did they cause the Trues to purchase the property without including appellant. Even assuming a breach of fiduciary duty, appellant cannot recover without proof of causation. See Schmidt v. Bryant, 312 So. 2d 209 (Fla. 1st DCA 1975). Bernstein obtained a jury verdict against the Trues in the sum of $950,000. Richard True, as cross-appellant, claims that this was not supported by competent evidence. An expert witness testified that at the time appellant assi…
  • Jellow v. The Keyes Co., 411 So. 2d 972 (Fla. 3d DCA 1982)
    …PER CURIAM. Affirmed. Broward National Bank of Fort Lauderdale v. Bethel, 341 So. 2d 1012 (Fla. 4th DCA 1977); Schmidt v. Bryant, 312 So. 2d 209 (Fla. 1st DCA 1975); Stolen v. Metropolitan Life Insurance Company, 287 So. 2d 694 (Fla. 3d DCA 1974).…

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