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MSM Golf, L.L.C. v. Newgent

Citations: 814 So. 2d 1263; 2002 Fla. App. LEXIS 6028; 2002 WL 851092Docket: No. 5D01-1537

Court: District Court of Appeal of Florida; May 3, 2002; Florida; State Appellate Court

Narrative Opinion Summary

MSM Golf, L.L.C. (MSM Golf) appeals a summary final judgment in favor of Classical Financial Services, L.L.C. (Classical), one of the defendants. The court affirms the judgment, stating that the evidence does not support MSM Golf's assertion that Classical was involved in a joint venture with its borrower, Newgent. Additionally, there is no genuine issue of material fact regarding MSM Golf's claim of conspiracy to defraud. The ruling is affirmed, with Judges Peterson and Pleus concurring.

Legal Issues Addressed

Conspiracy to Defraud

Application: There was no genuine issue of material fact regarding MSM Golf's claim of conspiracy to defraud, leading to the affirmation of the summary judgment.

Reasoning: Additionally, there is no genuine issue of material fact regarding MSM Golf's claim of conspiracy to defraud.

Joint Venture Requirements

Application: The court found no evidence to support MSM Golf's assertion that Classical was involved in a joint venture with Newgent.

Reasoning: The court affirms the judgment, stating that the evidence does not support MSM Golf's assertion that Classical was involved in a joint venture with its borrower, Newgent.

Summary Judgment in Civil Cases

Application: The court granted summary judgment in favor of Classical Financial Services, L.L.C. because the evidence did not support MSM Golf's claims.

Reasoning: MSM Golf, L.L.C. (MSM Golf) appeals a summary final judgment in favor of Classical Financial Services, L.L.C. (Classical), one of the defendants.