Submitted: July 5, 2018
Point's Motion to Dismiss: GRANTED, WITHOUT PREJUDICE
A. Campbell, Esquire The Law Office of Dean A. Campbell, P.A.
Michael F. Duggan, Esquire Brett T. Norton, Esquire Marks,
O'Neill, O'Brien, Doherty & Kelly, P.C.
B. Anthony, Esquire Sean A. Meluney, Esquire Berger Harris
Counsel, This matter is presently before the Court on the
motion of the Third Party Defendants Best Point, LLC and
Michael Daniels (collectively, "Best Point") to
dismiss with prejudice the Third Party Complaint filed by
Defendants/Third Party Plaintiffs Buckley Property Services
LLC, and Pam Greer Buckley (collectively,
"Buckley"). Buckley opposes the Motion but, if the
Court finds its complaint is lacking, seeks leave to amend
its complaint. For the foregoing reasons, Best Point's
Motion to Dismiss is GRANTED, without prejudice.
claim arises out of a real estate appraisal the investment
lender Resolve Funding LLC ("Resolve Funding")
sought from Buckley for a parcel of property located in
Dagsboro, Delaware ("the Property").
of 2015, Best Point completed an application for funding from
Resolve Funding in order to purchase the Property. Resolve
Funding ordered a valuation report from Buckley. On June 23,
2015, Buckley provided Resolve Funding with a Uniform
Appraisal Report ("the Appraisal") for the
Property. The Appraisal opined that the fair market value of
the Property in June of 2015 was $ 1, 950, 000.00. After
receiving the Appraisal, Resolve Funding approved a loan for
Best Point in the amount of $1, 118, 250.00 ("the
Loan") for the purchase of the Property. The Loan was
secured by a mortgage ("the Mortgage") on the
Point subsequently defaulted under the terms of the Mortgage.
In February of 2016, Resolve Funding initiated a foreclosure
proceeding against Best Point. This proceeding eventually led
to the entry of a default judgment in favor of Resolve
Funding for $1, 610, 508.84. Resolve Funding executed upon
the judgment and received a Sheriffs' Deed Levari Facias,
having been the highest bidder at the Property's auction.
On March 9, 2017, Resolve Funding listed the Property for
sale. The Property sold on or about July 20, 2017, for
approximately $649, 000.00.
Funding initiated suit against Buckley, alleging it was
negligent in appraising the Property and that Resolve Funding
relied upon the Appraisal to its detriment. Buckley, in turn,
has brought an action in fraud, contribution, and
indemnification against the Property's owner, Best Point.
STANDARD OF REVIEW
Standard of Review
pursuant to Superior Court Civil Rule 12(b)(6) is appropriate
where a plaintiff would not be entitled to relief under any
set of conceivable set of circumstance susceptible of proof
under the complaint. In considering a motion to dismiss, all
well-pleaded allegations in the complaint must be accepted as
true. Superior Court Civil Rule ...