Phoenix Asset Management LLC v. GCCFC 2005-GG5 Route 33 Industrial, LLC

Phoenix Asset Management, LLC, d/b/a Realta Group (“Broker”), appeals a final summary judgment entered in favor of GCCFC 2005-GG5 Route 33 Industrial, LLC, and LNR Partners, LCC (“Property Owners”). Because the affidavit submitted by the Broker in opposition to summary judgment was sufficient to create an issue of fact, we reverse and remand for a greater development of the factual record.

The Broker sued the Property Owners seeking payment of a real estate commission for brokering a lease extension on the Property Owners’ store located in Lake-land, Florida. Its complaint alleged that it was…