FRUGE v. ONOB, INC.

No. 09-1028.

32 So.3d 1115 (2010)

John Terrell FRUGE v. ONOB, INC., d/b/a Century 21 Mike D. Bono & Company.

Court of Appeal of Louisiana, Third Circuit.

March 10, 2010.


Attorney(s) appearing for the Case

Joseph A. Delafield, Lake Charles, LA, for Plaintiff/Appellee, John Terrell Fruge.

Patricia B. McMurray, Renee C. Crasto, Adams and Reese, LLP, Baton Rouge, LA, for Amicus Curiae, Louisiana Realtors.

Scott David Johnson, Louisiana Realtors, Baton Rouge, LA, for Amicus Curiae, Louisiana Realtors.

Timothy O'Dowd, Lake Charles, LA, for Defendant/Appellant, ONOB, Inc.

Court composed of JOHN D. SAUNDERS, MARC T. AMY and J. DAVID PAINTER, Judges.


AMY, Judge.

The defendant broker company appeals the trial court's judgment granting the plaintiff's motion for summary judgment. The defendant asserts that the trial court erred in finding that it owed a duty to the plaintiff, a prospective seller, to place deposit money given by the prospective buyer into its escrow account when the plaintiff and a prospective buyer never executed a purchase agreement. For the following reasons, we reverse and render judgment in...

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