Simmons v. Fanello

Judge Harold R. Banke.

Louis Fanello filed a petition for writ of immediate possession seeking restaurant equipment held by Pat Simmons, who failed to make payments on two notes secured by the property. Simmons counterclaimed, alleging, inter alia, breach of warranty of title and fraudulent representation that the equipment was not subject to outstanding federal, state, and local tax liens. The trial court granted Fanello’s motion for summary judgment on the counterclaims and Simmons appeals.

To prevail on summary judgment, the moving party must show that no genuine issues of material fact…