May 31st, 2024

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Early Sullivan Prevails in Summary Judgment Victory on Behalf of Fidelity

An Early Sullivan team led by Diane Myint Luczon and Brett G. Moore recently emerged victorious after they filed a motion for a summary judgment, which was granted in full by the Court, in a case representing an insured home buyer.

Fidelity retained Early Sullivan to represent an insured buyer who purchased three homes. The seller’s daughter handled the sale for her mother, claiming she had a Power of Attorney, allowing her to sell the homes on her mother’s behalf. After the client purchased the homes, the seller’s son sued the buyer, claiming that the sister’s Power of Attorney was a fraud. The son alleged claims against Early Sullivan’s client of financial elder abuse, intentional misrepresentation, civil conspiracy, accounting, intentional infliction of emotional distress, quiet title, cancellation of instruments, declaratory relief, and related claims.

Following discovery, Diane and Brett filed the successful motion for summary judgment, allowing their innocent client to keep the homes he bought. The Court found that the client’s reliance on the daughter’s Power of Attorney was reasonable and in good faith, and therefore the client was immune from the claims brought against him.