Huether moved to dismiss based on failure to state cause for action. The court dismissed the case. Holy Cross Parish took this case to the appeals court stating that there was an error in law made. Holy Cross Parish, the appellant, has made it known that the contractors they hired failed to disclose any information pertaining the damages and irregularities. The appellant had the idea that the job would be performed correctly and no issues were brought to their eyes. The contractor also knew of the issues but did not inform anything to the appellant which was misleading. Also the architect and the appellant had a fiduciary relationship but because he remained silent about the final product that the contractor conducted, he has misled and created a breach of fiduciary duty to the appellant. The court of appeals has reverse this case based on the facts
Huether moved to dismiss based on failure to state cause for action. The court dismissed the case. Holy Cross Parish took this case to the appeals court stating that there was an error in law made. Holy Cross Parish, the appellant, has made it known that the contractors they hired failed to disclose any information pertaining the damages and irregularities. The appellant had the idea that the job would be performed correctly and no issues were brought to their eyes. The contractor also knew of the issues but did not inform anything to the appellant which was misleading. Also the architect and the appellant had a fiduciary relationship but because he remained silent about the final product that the contractor conducted, he has misled and created a breach of fiduciary duty to the appellant. The court of appeals has reverse this case based on the facts