RUSSELL v. DALBY

No. 89-03412.

573 So.2d 133 (1991)

Thomas S. RUSSELL and June M. Russell, Appellants, v. C. Edward DALBY and Professional Realty Consultants, Inc., Appellees.

District Court of Appeal of Florida, Second District.

January 9, 1991.


Attorney(s) appearing for the Case

Robert G. Hines, Naples, for appellants.

Antonio J. Perez-Benitoa of Paulich, O'Hara, Slack & Mezies, P.A., Naples, for appellees.


PARKER, Judge.

Thomas S. Russell and June M. Russell, the plaintiffs, appeal a final summary judgment entered in favor of C. Edward Dalby and Professional Realty Consultants, Inc. (PRC). The Russells' complaint alleged that PRC breached its fiduciary duty to them by returning an escrow deposit in a real estate transaction. We reverse because we find that there is a genuine question of fact whether PRC's conduct constituted gross negligence.

The Russells, as...

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