Linden Place, LLC v. Stanley Bank

McAnany, J.:

This appeal arises from the district court’s grant of summary judgment in favor of Stanley Bank (or Bank), the lender of funds for a residential construction project, and against Linden Place, L.L.C., the owner of the property upon which the residences were constructed. In the motion the Bank challenged the existence of any fiduciary duly owed to Linden Place under facts it claimed to be uncontroverted. It did not challenge the issue of causation. However, it did challenge Linden Place’s tortious interference claim.

The peculiar facts of this case present the possibility of a…