Wednesday, August 5, 2009

Dismissal with Prejudice Reversed to Allow Plaintiff to Amend Complaint

In Greenberg v. Big Cypress Realty, Inc. (4D08-304), the Fourth District reversed a dismissal with prejudice for failure to state a cause of action and remanded with instructions to allow the plaintiff to amend the complaint.
The plaintiff had failed to allege the real estate transaction in the dispute involved non-commercial property. The court stated:

The “duty of disclosure announced in Johnson v. Davis extends to a seller’s real estate broker.” Syvrud v. Today Real Estate, Inc., 858 So. 2d 1125, 1129 (Fla. 2d DCA 2003); Revitz v. Terrell, 572 So. 2d 996, 998 n.5 (Fla. 3d DCA 1990). Also, Johnson’s application is “limited to non-commercial real property transactions.”


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