American Land Title Co. v. Isaak

SHEPARD, Justice.

This is an appeal from a summary judgment against defendants-appellants Florence on their counterclaim, in which they alleged plaintiffs-respondents were in breach of contract and had tortiously committed fraud, breach of fiduciary duty, and wrongful exercise of corporate opportunity. We reverse and remand.

The Florences owned certain real property which they pledged as security for contractual obligations and as collateral on loans extended by plaintiffs-respondents. Plaintiffs-respondents notified the Florences of intent to retain the real property collateral pursuant to the…