Sarif v. Novare Group Inc.

In this action arising from the sale of individual condominium units in the Twelve Atlantic Station Hotel and Residences building “TWELVE”, David Sarif, Les Retter, Jay Baker, Ron Agami, Jonathan Samuels, Donna Wong, Sean Warren, and Shaun Weinstock “Appellants” sued Novare Group, Inc., WN Atlantic Properties, LLC, Atlantic WN Properties, Inc., Twelve Hotels and Residences, LLC, Novare Group Holdings, LLC, Novare Realty, LLC, Michael Everly, and James Borders “Appellees”, alleging fraud in the inducement, negligent misrepresentation, negligent supervision, negligence by Everly and Borders and violation of the Georgia Fair Business Practices Act. The trial court granted Appellees’ motion for judgment on the pleadings on Appellants’ claims and denied Appellants’ motion for summary judgment. Appellants appeal from the order granting Appellees’ motion for judgment on the pleadings, arguing that the trial court’s findings were in error. Appellants also contend that the trial court erred in staying Borders’s deposition, denying their motion for summary judgment and failing to rule on their motion to compel. We affirm in part on the claims of fraud in the inducement by passive concealment and negligence by Everly and Borders and reverse in part on claims of fraud in the inducement by active concealment, negligent misrepresentation, negligent supervision, and violation of the Georgia Fair Business Practice Act. Discerning no other error, we affirm the trial court’s rulings on discovery and summary judgment.

“On appeal, we review de novo the trial court’s decision on a motion for judgment on the pleadings, and we construe the complaint in a light most favorable to the appellant, drawing all reasonable inferences in his favor.” Footnote and punctuation omitted. Ameris Bancorp. v . Ackerman , 296 Ga. App. 295 674 SE2d 358 2009. “All well-pleaded material allegations of the opposing party’s pleadings are to be taken as true, and all allegations of the moving party which have been denied are taken as false.” Punctuation omitted. Rolling Pin Kitchen Emporium, Inc. v. Kaas , 241 Ga. App. 577, 578 2 527 SE2d 248 1999.