Meyer v. Gwynedd Development Group, Inc.

756 A.2d 67, 2000 Pa. Super. 193, 2000 Pa. Super. LEXIS 1552
CourtSuperior Court of Pennsylvania
DecidedJuly 7, 2000
StatusPublished
Cited by11 cases

This text of 756 A.2d 67 (Meyer v. Gwynedd Development Group, Inc.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Meyer v. Gwynedd Development Group, Inc., 756 A.2d 67, 2000 Pa. Super. 193, 2000 Pa. Super. LEXIS 1552 (Pa. Ct. App. 2000).

Opinions

CERCONE, President Judge Emeritus:

¶ 1 This is an appeal from an order that granted summary judgment in favor of Defendants/Appellees Gwynedd Development Group, Inc., Gwynedd Venture Associates, Inc., Theophile J. Mignatti, Jr., Au-gie W. Mignatti, Joseph A. Mignatti, and Daniel J. McNichol (hereinafter collectively referenced as “Appellees” or “Defendants”). We affirm.

¶2 Appellant, Michael P. Meyer, initiated the action underlying this appeal in October of 1988 for the purpose of recovering over $139,000 in real estate commissions allegedly owed to him for his services in marketing and selling dwelling units in a residential plan known as “The Village at Gwynedd.” The matter has followed a complex procedural course over a ten and one-half year period, including requests for [68]*68temporary restraining orders and an interlocutory appeal by allowance on a collateral matter. See Gwynedd Development Group, Inc. et al. v. Department of Labor and Industry, Bureau of Labor Standards, 666 A.2d 365 (Pa.Commw.1995), appeal granted in part, 544 Pa. 218, 675 A.2d 1220 (1996).1

¶ 3 The Honorable Richard S. Lowe aptly explained the factual history of the case as follows:

Around August, 1985 Mr. Meyer entered into a written agreement with “defendants” under which Meyer was hired as the marketing and sales director for a real estate development known as the “Village at Gwynedd[.”] That letter, dated August 29, 1985, on the letterhead of Historic Venture Associates, Inc., provided that Mr. Meyer was to be marketing and sales director for the Village at Gwynedd. He was to be paid commissions on sales, with a bi-weekly draw against commissions of $1,000.[00], plus $250.[00] travel expenses.
Mr. Meyer carried out his responsibilities and successfully marketed and sold numerous units at the Village at Gwyn-edd. For a time he was paid his agreed upon compensation. As of July, 1997 he earned commissions in excess of $139,-000.[00], for which he has not been paid.
When Mr. Meyer began his employment he had discussions with defendant Theophile J. Mignatti, Jr. Mr. Meyer asked whether he would need to keep his real estate salesperson’s license active, and was told by Mr. Mignatti that this would not be necessary because he would be an employee of Gwynedd.
The pace of sales slowed in late 1987 or early 1988. Plaintiff asserts, and we assume for purposes of this Motion, this was the result of poor construction management by defendant Gwynedd and a down turn in the economy. Around that time Mr. Mignatti approached Mr. Meyer and asked if Mr. Meyer could obtain a broker’s license in order to enable Gwynedd to use the multiple listing services. The dispute between the parties arose around that time.

Trial Court Opinion, dated 9/2/99, at 3-4 (footnote omitted).

¶ 4 As previously noted, the litigation between and among the parties wended its way through the courts over a time period exceeding ten years. Ultimately, in July of 1999, the Trial Court granted Appellees’ motion for summary judgment. See Order dated July 1, 1999, docketed July 2, 1999. Appellant’s timely notice of appeal followed. On August 2, 1999, the Trial Court directed Appellant to file a Concise Statement of Matters Complained of on Appeal. Appellant complied on August 10, 1999.

¶ 5 The present appeal raises two issues for our consideration:

A. DID THE LOWER COURT ERR IN FINDING THE PENNSYLVANIA REAL ESTATE LICENSING AND REGISTRATION ACT, 63 P.S. § 455.1010 ET SEQ., APPLIED TO APPELLANT/PLAINTIFF MICHAEL P. MEYER IN THIS PARTICULAR TRANSACTION?
B. DID THE LOWER COURT ERR IN FINDING THAT APPELLANT/PLAINTIFF MICHAEL P. MEYER WAS REQUIRED TO BE LICENSED AS A BUILDER-OWNER SALESPERSON IN ORDER TO FILE SUIT AND RECOVER COMPENSATION FOR SERVICES RENDERED ON BEHALF OF APPELLEE/ DEFENDANT GWYNEDD DEVELOPMENT GROUP, INC.?

Appellant’s Brief at 3. Our scope of review over a trial court’s order granting [69]*69summary judgment is plenary. Feden v. Consolidated Rail Corporation, 746 A.2d 1158, 1161 (Pa.Super.2000). However, our standard of review is limited. We will reverse the judgment entered only if we find that the trial court committed an abuse of discretion. Id. In this context, abuse of discretion occurs “when the course pursued represents not merely an error of judgment, but where the judgment is manifestly unreasonable or where the law is not applied or where the record shows that the action is a result of partiality, prejudice, bias or ill will.” Id.

¶ 6 Summary judgment properly may be entered only if (1) there is no genuine issue of material fact as to a necessary element of the cause of action which could be established by additional discovery or an expert report, or (2) after completion of discovery and production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action. Campanaro v. Pennsylvania Electric Company, 738 A.2d 472, 476 (Pa.Super.1999), citing Pa.R.C.P. 1035.2.

When reviewing the propriety of a trial court’s grant of summary judgment, we must view the record in the light most favorable to the non-moving party and determine whether the moving party established that no genuine issue of material fact exists, thus entitling it to judgment as a matter of law. In making this determination, the non-moving party is entitled to all reasonable inferences. Any doubts as to the existence of a factual dispute are resolved in favor of the non-moving party. Summary judgment is appropriate in only the clearest of cases.

Id. (citations omitted). Accord Ertel v. Patriot-News Co., 544 Pa. 93, 98-99, 674 A.2d 1038, 1041 (1996).

¶ 7 Appellant first contends that the Trial Court erred in applying the Pennsylvania Real Estate Licensing and Registration Act (the “Act”), 63 P.S. §§ 455.101-455.902, to Appellant’s role in effectuating the land sales at issue in this case. We cannot agree with Appellant’s position in this matter. The Act establishes specific standards of conduct and licensing which pertain to all persons engaged in the sale or transfer of real property within this Commonwealth. See, e.g., 63 P.S. § 455.301, infra. The sales underlying this case consisted of property transfers from the builder, a corporate entity engaged in the business of constructing and selling housing, to laypersons purchasing residential units. “A principal purpose of the Act is to protect buyers and sellers of real estate, the most expensive item many persons ever buy or sell, from abuse by persons engaged in the business.” Kalins v. Commonwealth, State Real Estate Commission, 92 Pa.Cmwlth. 569, 500 A.2d 200, 203 (1985).2

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McNamee Real Estate v. Haverford Properties
Superior Court of Pennsylvania, 2026
Commercial Realty Grp. v. Market Square Plaza
Superior Court of Pennsylvania, 2021
Arbiv, M. v. Evron, Y.
Superior Court of Pennsylvania, 2021
Ladd, Aplts. v. Real Estate Commission
Supreme Court of Pennsylvania, 2020
MarkWest Liberty Midstream & Resources, LLC v. Clean Air Council
71 A.3d 337 (Commonwealth Court of Pennsylvania, 2013)
Skiff Re Business, Inc. v. Buckingham Ridgeview, LP
991 A.2d 956 (Superior Court of Pennsylvania, 2010)
Klein v. Antebi
53 A.D.3d 529 (Appellate Division of the Supreme Court of New York, 2008)
Klein v. Antebi
15 Misc. 3d 901 (New York Supreme Court, 2007)
Shamnoski v. PG Energy a Division of Southern Union Co.
765 A.2d 297 (Superior Court of Pennsylvania, 2000)
Meyer v. Gwynedd Development Group, Inc.
756 A.2d 67 (Superior Court of Pennsylvania, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
756 A.2d 67, 2000 Pa. Super. 193, 2000 Pa. Super. LEXIS 1552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyer-v-gwynedd-development-group-inc-pasuperct-2000.