Froneberger v. Smith

Kirkland and Janel Smith fraudulently and tortiously misappropriated the Fronebergers’ retirement funds. There is no evidence in this record, however, that in doing so either of them acted as an agent of Euro Mortgage Bankers, Inc. Therefore, I would affirm the circuit court’s order granting summary judgment to Euro.

A. Apparent Authority

The majority correctly concludes there is no evidence of agency through apparent authority. In reaching this correct conclusion, however, the majority has confused the elements of apparent authority and has misstated the first element.

“The basis of apparent…