Waters v. Allegue
| Docket Number: | 2006-CA-01975-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-25-2008 Opinion Author: GRIFFIS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Fraudulent misrepresentation - Duty to disclose Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, BARNES, ROBERTS AND CARLTON, JJ. Non Participating Judge(s): ISHEE, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE |
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| Trial Court: |
Date of Trial Judgment: 10-16-2006 Appealed from: Jackson County Circuit Court Judge: Dale Harkey Disposition: SUMMARY JUDGMENT AWARDED TO SELLERS OF HOUSE Case Number: 2006-00,0073(3) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | CODY W. WATERS AND KACEE T. WATERS |
CALVIN D. TAYLOR |
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| Appellee: | ALBERT ALLEGUE | PATRICK R. BUCHANAN, W. FRED HORNSBY | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Fraudulent misrepresentation - Duty to disclose |
| Summary of the Facts: | Cody and Kacee Waters brought a claim for fraudulent misrepresentation against Albert Allegue. The sellers of a house the Waters sought to purchase used Allegue as their real estate agent. The circuit court granted summary judgment in favor of Allegue. The Waters appeal. |
| Summary of Opinion Analysis: | Issue 1: Duty to disclose The Waters argue that Allegue should have told them that the house was not 3,000 square feet in size because they owed him a duty to disclose such information. The problem with their argument is that it contains a number of incorrect and improper citations. Failure to cite relevant authority obviates the appellate court's obligation to review such issues. Issue 2: Summary judgment The Waters argue that the trial court erred when it granted summary judgment on all of the claims asserted. The motion for summary judgment offered evidence presented through the affidavits of two independent appraisers. The appraisers testified that Cody Waters knew that the subject house contained less than 3,000 square feet before the closing. Because the Waters were aware, before the closing, that the house did not contain 3,000 square feet, they cannot claim that they were not aware of the falsity of any such statement claiming that the house did contain 3,000 square feet. The Waters also cannot reasonably rely on any negligent misrepresentation Allegue may have made regarding the house being 3,000 square feet. In addition, Allegue could not have caused them emotional distress because they knew the house was not 3,000 square feet is size when they closed on it, and they did not have to purchase the house. |
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