Amend v. 485 Properties, LLC

The facts and procedural background of this case are set forth in Amend v. 485 Properties, LLC., 401 F.3d 1255 (11th Cir.2005). In that opinion we dismissed Amend’s contract claim and reserved ruling on his quantum meruit claim for brokerage services provided to Workplace USA, Inc. as agent for 425 Properties, LLC.

The Georgia Supreme Court had granted certiorari in Killearn Partners, Inc. v. Southeast Properties, Inc., 266 GaApp. 508, 597 S.E.2d 578 (2004) on the issue of whether a broker may maintain a common law remedy (e.g., quantum meruit) in the absence of a written agreement. Because we…