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.
Key facts
- Atout, a property owner, hired Rozanc as its property manager under a Management Agreement to manage, operate, and lease the owner's homes.
- The property owner sued the property manager and its corporate employees for breach of contract and negligence, alleging the manager sold the properties rather than managing, operating, and leasing them as required.
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Why it matters
This is the most substantive Florida appellate treatment of the independent tort doctrine since Tiara, offering an organized four-factor framework (duty source, other conduct, nature of damages, public policy) that both… — full analysis with a trial
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