Opinion
Case No. 5D21-1050
01-21-2022
MCINTOSH FISH CAMP, LLC., a Florida Limited Liability Company and Susan G. Monroe, Appellant, v. Martin E. COLWELL, Mark D. Colwell and Charlie L. Gates, Jr., Appellees.
Mark J. Albrechta, Tampa, for Appellants. Lawrence C. Callaway, III, of Klein & Klein, LLC, Ocala, for Appellees.
Mark J. Albrechta, Tampa, for Appellants.
Lawrence C. Callaway, III, of Klein & Klein, LLC, Ocala, for Appellees.
PER CURIAM. Appellants, McIntosh Fish Camp, LLC and Susan Monroe, appeal the final summary judgment entered against them, foreclosing a purchase money mortgage, in favor of Appellees, Martin E. Colwell and Mark D. Colwell. Appellants opposed the foreclosure complaint with factually specific affirmative defenses alleging that Appellees had committed fraud in the inducement, made material misrepresentations, and intentionally hindered Appellants’ efforts to inspect and investigate the subject property and improvements thereon. Appellants opposed summary judgment by timely filing Monroe's affidavit that set forth detailed factual accounts of those same matters. Because genuine issues of material fact remain in dispute, the trial court erred in granting summary judgment. Accordingly, we reverse and remand for further proceedings.
This is the second time this case has come before this Court regarding entry of summary judgment in favor of Appellees. In McIntosh Fish Camp, LLC v. Colwell , 315 So. 3d 784 (Fla. 5th DCA 2021) (" McIntosh 1 "), this Court reversed a summary judgment entered in favor of Appellees on Appellants’ amended counterclaims in which Appellants sought various remedies for Appellees’ alleged fraud in the inducement.
For the reasons discussed in McIntosh 1 , this Court affirmed summary judgment entered in favor of Appellees regarding those aspects of the counterclaim seeking recission and specific performance.
The transaction, allegations, facts, and legal issues discussed in McIntosh 1 are essentially identical to those raised in this appeal; thus, we need not repeat them here. Suffice it to say that Appellees did not carry their burden of establishing that there were no genuine issues of material fact or that they were entitled to judgment in their favor as a matter of law. Accordingly, we reverse the summary final judgment of foreclosure and remand the case for further proceedings consistent with McIntosh 1 and this opinion.
REVERSED and REMANDED, with instructions.
EDWARDS, EISNAUGLE and TRAVER, JJ., concur.