Art Connections USA, LLC v. Burgess Modern + Contemporary LLC

The Fourth District affirmed final summary judgment against a negligent misrepresentation claim arising from a mistaken art purchase, holding that a party cannot establish a misrepresentation of material fact where the defendant consistently and accurately identified the subject of the transaction. The court further held that reliance was not justifiable as a matter of law because the invoice the plaintiff received plainly named a different painting than the one it says it wanted. The court also held that the plaintiff's complaint about summary judgment being entered while discovery was ongoing was unpreserved because it was raised for the first time on rehearing.

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