Miller v. FowlerAnnotate this Case
In 2009 Calvin Miller purchased from June Fowler by warranty deed an eight-unit, three-story apartment building located in Anchorage. Miller filed suit to bar the seller’s attempt to foreclose on the property after he stopped making payments. Miller also alleged that the seller had misrepresented the condition of the building’s sewer lines at the time of sale. The superior court granted summary judgment in the seller’s favor on all of the misrepresentation claims on the basis that they were barred by the statute of limitations. During the trial, the superior court denied the purchaser leave to amend his complaint. After a bench trial on the remaining claims, the superior court concluded that the seller did not wrongfully foreclose on the building because the purchaser was in default. Miller appealed these three decisions. After review, the Alaska Supreme Court reversed the grant of summary judgment because the seller failed to establish an absence of material fact issues regarding when the purchaser’s causes of action accrued. The Court vacated the order denying the wrongful foreclosure claim because the superior court erred when it found the purchaser in default. The Court affirmed the denial of the purchaser’s motion to amend.