Legal Opinion · Concurring in part, dissenting in part

Alpha Data Corp. v. HX5, L.L.C.

District Court of Appeal of Florida

Decided October 18, 2013No. Nos. 1D12-2885, 1D12-5517Published

1Concurring in part, dissenting in partThomas, J.

I concur with the majority’s opinion affirming the trial court’s order as to ADC’s claims for breach of the Mentor-Protege Agreement and for breach of fiduciary duty. I also concur with the majority’s reversal of the trial court’s order finding that the Economic Loss Rule barred ADC’s fraudulent inducement claim, pursuant to our supreme court’s recent decision in Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc., 110 So.3d 399 (Fla.2013). I respectfully dissent, however, with the majority’s holding that there existed genuine issues of material fact concerning ADC’s…

2Cases cited4 opinions

  1. Tiara Condominium Ass'n v. Marsh & McLennan CompaniesSupreme Court of Florida · 2013
  2. American Red Cross v. Palm Beach Blood Bank, Inc.Court of Appeals for the Eleventh Circuit · 1998
  3. Swindell v. CrowsonDistrict Court of Appeal of Florida · 1998
  4. State, Dept. of Corrections v. C & W Food Service, Inc.District Court of Appeal of Florida · 2000

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