Sanders v. Townsend

DeBRULER, Justice.

This cause comes to us on a petition to transfer from the Second District Court of Appeals. The petition is granted so that we may decide whether a lawyer’s alleged breach of a fiduciary duty to a client gives rise to a claim for constructive fraud. The trial court below granted appellees’ Motion for Summary Judgment stating that the evidence presented to the court demonstrated that there was no genuine issue of material fact and that appellants had failed to state a valid claim of constructive fraud against appellees. The Court of Appeals reversed the summary judgment,…