Barrett v. Byrnes

OPINION

Before BOOCHEVER, C. J., and RA-BINOWITZ, CONNOR, ERWIN and BURKE, JJ. PER CURIAM.

This case was previously before this court, 1 and at that time we remanded for a new trial based on the failure of the trial court to grant a continuance. Thereafter an amended complaint was filed setting forth additional claims against appellee-de-fendants for fraud and breach of fiduciary duty arising from the assignment of rights to the appellant by the original seller of the property in question. No responsive pleadings to the amended complaint were filed by appellees.

The trial court later found the…