Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Trevarthen v. Wilson

Florida Court of Appeals, Fourth District

May 3, 2017

MARGARET A. TREVARTHEN a/k/a MARGARET ANN TREVARTHEN, Appellant,
v.
CHARLES E. WILSON III, individually, and as Trustee of the CHARLES E. WILSON III Revocable Trust dated February 5, 2013, and BOB JACKSON, INC., Appellees.

         Not final until disposition of timely filed motion for rehearing.

         Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Thomas H. Barkdull, Judge; L.T. Case No. 502015CA002591XXXXMB.

          Timothy D. Kenison and William T. Viergever of Sonneborn Rutter Cooney Viergever Burt & Lury, P.A., West Palm Beach, for appellant.

          Larry M. Mesches of Klett, Mesches & Johnson, P.L., Palm Beach Gardens, for appellee Bob Jackson, Inc.

          Damoorgian, J.

         This is an appeal from a final summary judgment entered in favor of Bob Jackson, Inc. in Appellant's lawsuit against Bob Jackson, Inc. and one of its real estate agents. For the reasons set forth below, we affirm in part and reverse in part.

         Appellant, a 93-year-old woman, filed a multi-count[1] lawsuit against Charles Wilson, a real estate sales associate, and Bob Jackson, Inc. the brokerage firm with whom Wilson was associated (the "Brokerage Firm"). The suit was largely based on claims that Wilson exploited and abused Appellant by using Appellant's money to pay his personal expenses, entering Appellant into real estate transactions for his own dealing and benefit, and purchasing a condominium for himself with Appellant's money. Appellant also sued the Brokerage Firm for one count of "Vicarious Liability" and one count of "Direct Liability, " alleging that the Brokerage Firm was vicariously responsible for Wilson's actions because it facilitated and earned commissions from Wilson's unlawful real estate transactions and was "directly" liable to Appellant because it did not properly manage certain escrow funds. Specifically, Appellant alleged that:

• She met Wilson through an introduction facilitated by another agent of the Brokerage Firm whom she had used to find a rental property.
• Wilson agreed to help her renovate and sell a dilapidated condominium unit she owned (Unit 704) in exchange for a share of the proceeds and an exclusive listing agreement with the Brokerage Firm. The renovation agreement was between Appellant and Wilson individually.
• Appellant granted Wilson status as her power of attorney for purposes of renovating Unit 704.
• Wilson failed to consider Appellant's cost basis when calculating his share of the proceeds from the sale of Unit 704 and Wilson and the Brokerage Firm Received a commission on the sale.
• Wilson convinced Appellant to purchase another condominium unit for her personal residence, Unit 304, for which Wilson and the Brokerage Firm received a commission.
• Wilson convinced Appellant to purchase yet another unit, PH-2, for renovation and resale. Wilson and the Brokerage Firm received a commission on both Appellant's purchase and subsequent sale of PH-2. The transaction resulted in a financial loss to Appellant.
• Wilson used Appellant's money to purchase a condominium unit for himself which was deeded in the name of a trust Wilson created. The Brokerage Firm's principal, Bob Jackson, acted as the sales-agent for this transaction and ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.