Heart River Partners v. Goetzfried
a partnership, and
Dave D. Mees and James W.
Allen, partners, Plaintiffs and Appellants
v.
Darrell S. Goetzfried
and Karen A. Goetzfried, Defendants and Appellees
Judge Sonna M. Anderson
| Appellant: | Kelsch, Kelsch, Ruff & Kranda | |
| Appellee: | Chapman and Chapman, P.C. |
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1. Whether any genuine issues of material fact exist which would preclude the entry of Summary Judgment against Heart River?
2. Whether the trial court erred in ruling as a matter of law that Goetzfried did not commit fraud or mistake in failing to disclose the existence of $46,599.00 in uncertified special assessments on the Goetzfried property sold to Heart River?
3. Whether the trial court erred in ruling as a matter of law that Goetzfried had no affirmative duty to disclose the existence of $46,599.00 in uncertified special assessments on the property Goetzfried sold to Heart River?
Appellee's Statement of the Issues:
a. Have the Appellants presented sufficient evidence of either actual fraud, or constructive fraud, to avoid summary judgment?
b. Does the parol evidence rule prevent a challenge to the unambiguous wording of the Warranty Deed, where the challenge directly contradicts the wording of the Warranty Deed?
c. Is reformation of a Warranty Deed available, where there is no evidence of a clear intention and understanding between the parties that contradicts the clear terms of the Warranty Deed?
d. Can the buyer in a commercial real estate transaction bring an action for fraud or reformation, if the buyer has failed to investigate the status of potential future special assessments against the property?
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