Greenberg v. Big Cypress Realty, Inc.

Annotate this Case

Download PDF

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2009 ELI GREENBERG and CYNTHIA LEVY, Appellants, v. BIG CYPRESS REALTY, INC., and LILACH DITCHER, Appellees. No. 4D08-304 [August 5, 2009] PER CURIAM. In this case, appellants sued a number of entities and individuals over a condominium purchase transaction. Two counts involved appellees as real estate brokers or agents of the seller. These counts attempted to state a claim for fraudulent concealment under Johnson v. Davis, 480 So. 2d 625 (Fla. 1985). The duty of disclosure announced in Johnson v. Davis extends to a seller s real estate broker. Syvrud v. Today Real Estate, Inc., 858 So. 2d 1125, 1129 (Fla. 2d DCA 2003); Revitz v. Terrell, 572 So. 2d 996, 998 n.5 (Fla. 3d DCA 1990). Also, Johnson s application is limited to non-commercial real property transactions. Solorzano v. First Union Mortg. Corp., 896 So. 2d 847, 849 (Fla. 4th DCA 2005). The operative complaint states the elements of a Johnson claim, except it does not explicitly say that this was a non-commercial transaction. We reverse the trial court s dismissal of this case for failure to state a cause of action against appellees. On remand, appellant shall be given leave to file an amended complaint. GROSS, C.J., DAMOORGIAN and GERBER, JJ., concur. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert L. Andrews, Judge; L.T. Case No. 06-11831 09. Richard F. Hussey of Richard F. Hussey, P.A., Fort Lauderdale, for appellants. Cara C. Morris of Hoffman &Morris, P.L., Singer Island, for appellees. Not final until disposition of timely filed motion for rehearing. -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.