Poorbaugh v. Mullen

OPINION

LOPEZ, Judge.

Plaintiff, Fred Poorbaugh, sued Leo Mullen for defamation and emotional distress resulting over a real estate transaction in which Mullen was the purchaser and Poorbaugh the broker or vendor. Defendant counterclaimed for fraud, breach of fiduciary duty, wrongful forfeiture, and related claims arising out of the same real estate transaction. The trial court ordered Summary judgment in favor of plaintiff’s complaint and dismissed defendant’s counterclaims. We reverse.

The issues on appeal are whether the Summary judgment was proper and whether the counterclaims should have…