Atout v. Rozanc

The Sixth DCA reversed dismissal of a property owner's breach of contract claim against its property manager, holding a contract need not spell out the precise mechanism of breach so long as it identifies the obligation allegedly unperformed. It affirmed dismissal of the negligence claims, expressly adopting Florida's post-Tiara independent tort doctrine and setting out a four-consideration framework (source of duty, 'other conduct,' nature of damages, and public policy) for distinguishing 'independent' from 'dependent' torts. It further held the doctrine shields corporate employees who are not parties to the contract when their tort liability arises solely from deficient performance of the corporation's contractual duty, and certified two questions of great public importance to the Florida Supreme Court.

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