COTTINGTON ROAD TIC LLC LLC v. 1662 MULTIFAMILY LLC 1662 LLC (2022)

District Court of Appeal of Florida, Fifth District.

COTTINGTON ROAD TIC, LLC, a Delaware Limited Liability Company and Durban Road Tic, LLC, a Delaware Limited Liability Company, Appellants, 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., Appellees.

Case No. 5D21-332

Decided: February 11, 2022

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. Carol M. Rooney, of Butler Weihmuller Katz Craig LLP, Tampa, and Bryant F. Belvins, of Butler Weihmuller Katz Craig LLP, Miami, for Appellees.

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).

PER CURIAM.

SASSO, TRAVER and NARDELLA, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network