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Rangel v. Denny

104 So. 3d 68 (2012)

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Rangel v. Denny

Court of Appeal of Louisiana, Second Circuit

104 So. 3d 68 (2012)

Facts

Anthony Bryan Rangel and Bridgette Rangel (plaintiffs) sued Bryce Denny, Marlon Curtis, Cynthia Curtis, and J. Wesley Dowling and Associates, Inc. (Dowling) (defendants) in connection with the Curtises' breach of their contract to purchase land from the Rangels due to the Curtises’ inability to find financing. Dowling acted as the Rangels' broker for the aborted sale, and the Rangels alleged that Dowling's actions and inactions significantly contributed to the economic losses they sustained as a result of the sale's collapse. The Rangels alleged that Dowling breached its fiduciary duty to them by failing to help negotiate the sale, use a state-approved contract form, review all purchase offers, follow up on details of the sale, discuss financing options, and help both parties successfully conclude the sale. The trial court dismissed the Rangels' charges against Dowling for failure to state a cause of action. The court noted that Dowling had no contractual relationship with the Curtises and ruled that the Rangels' charges were based upon pure speculation that, had Dowling assisted with the sale and financing, the Curtises would not have breached the sale contract. The Rangels appealed to the state appellate court.

Rule of Law

Issue

Holding and Reasoning (Gaskins, J.)

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