Modrich v. Broward Title Co.

We reverse a final summary judgment entered in favor of P & L Surveyors Inc. on Mark and Karen Modrich’s (Modrich) fraud and negligence claims.

Our review of the record reflects that P & L Surveyors failed to meet its burden of demonstrating both the absence of genuine issue of material fact and that it is entitled to a judgment as a matter of law. See Holl v. Talcott, 191 So.2d 40 (Fla.1966); Albelo v. S. Bell, 682 So.2d 1126 (Fla. 4th DCA 1996).

In the complaint, Modrich claims that P & L Surveyors misrepresented the status of easements on the property, that P & L should have known of the…