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Perimeter Realty v. GAPI Inc.

Trial court's error in striking plaintiffs' affidavits in opposition to the defendants' summary judgment motion was harmless since the affidavits did not support plaintiffs' RICO claims.

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Perimeter Realty, JSH Properties, Inc., and Holliday, Fenoglio & Tyler collectively “the brokers” claim a commission on transfers of real estate by Eugene Anderson, president of GAPI, Inc., then known as Anderson Properties, Inc., and GAPI, Inc., collectively “Anderson Defendants”, of Atlanta, to Highwoods/Forsyth Limited Partnership, of North Carolina. The brokers’ agents were initially unaware of one another’s discussions with Anderson regarding financing or selling Anderson Defendants’ real estate. As negotiations proceeded, Anderson Defendants brought the brokers together, and the brokers agreed to share a commission. Anderson Defendants later relieved the brokers from direct participation in the real estate transfer, but continued to negotiate their commission. After the transactions were completed, the brokers were paid nothing, and they sued Anderson Defendants and Highwoods under numerous theories of recovery. All parties filed motions for summary judgment.

The trial court denied summary judgment to the brokers as to issues of liability for a commission and for attorney fees, and we affirm. We affirm the trial court’s denial of summary judgment to Anderson Defendants on the brokers’ claim of quantum meruit. The trial court found that there were fact questions as to issues of fraud and conspiracy, and denied summary judgment to Anderson Defendants on those claims. We disagree and reverse. We affirm the trial court’s grant of summary judgment to Anderson Defendants on claims of RICO violation and breach of contract. The court further granted summary judgment to Highwoods as to all claims against it, and we affirm.

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