MOSS v. APPEL

No. 97-1845.

718 So.2d 199 (1998)

Burton MOSS, individually and Associated Benefit Consultants, Inc., Appellants, v. Stuart APPEL and Benita Appel, as Trustees, Stuart Appel Brokerage, Inc., Defined Benefit Pension Plan, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 26, 1998.


Attorney(s) appearing for the Case

Hinda Klein of Conroy, Simberg & Ganon, P.A., Hollywood, for appellants.

Andrew C. Hall, Christopher M. David and Adam S. Hall of Andrew Hall and Associates, P.A., Miami, for appellees.


KLEIN, Judge.

Defendants, pension consultants who were licensed to sell insurance, sold plaintiffs an annuity issued by an insurance company which ultimately became insolvent. A jury found defendants not guilty of negligence or breach of fiduciary duty, and the trial court granted a new trial on all issues, concluding that he had erred in not directing a verdict on the issue of a fiduciary relationship. We affirm the order granting a new trial on breach of fiduciary...

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