Southern National Track Services, Inc. v. DJ Gilley

Appellant appeals a final summary judgment with respect to its claims against Appellee for breach of warranty by failure to disclose and for damages based on fraudulent misrepresentation. Appellant also appeals the trial court’s final judgment for attorney’s fees and costs predicated on Appellee having prevailed in this matter. As explained below, we reverse the final summary judgment and remand the fee judgment.

Factual Background

This matter arises out of a real estate transaction. Appellant contracted to purchase from Appellee a piece of property that included a number of small cottages and…