The third party, an appraisal company, moved under Rule 21.01(1)(b) to strike a third party claim brought by the defendants for negligent misrepresentation.
The defendants alleged the appraiser negligently undervalued a property, causing a purchaser to back out of a sale.
The court granted the motion to strike, finding it plain and obvious that the claim could not succeed because the appraiser owed no duty of care to the defendants, having prepared the report exclusively for a lender, and because the defendants did not rely on the appraisal.
