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Markowitz v. Wieland

Since plaintiffs chose to affirm a purchase and sale contract which included a merger clause and a disclaimer provision, they could not claim that they relied on the sellers' alleged misrepresentations.

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Jacob and Charlene Markowitz sued John Wieland, John Wieland Homes, Inc., Wieland Realty Assoc., Inc., and Jeff Akin collectively referred to as the “Wieland Group” alleging conspiracy to defraud, breach of contract, and Georgia RICO violations The Wieland Group moved for summary judgment, arguing 1 that the Markowitzes did not prove the alleged predicate acts necessary to establish a RICO violation, 2 that the merger clause in the sales contract precluded any claim of fraud, and 3 that they did not breach the contract provisions as alleged. The trial court granted summary judgment in favor of the Wieland Group on the fraud and RICO claims but denied their motion for summary judgment on the breach of contract claim against John Wieland Homes. John Wieland Homes and the Markowitzes appeal.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.1 The Wieland Group as the movants must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.2

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