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J. Golemon finds the trial court improperly denied the property seller’s motion to dismiss this suit brought by the purchaser, alleging breached of contract in the seller’s filing a fictitious lawsuit related to transfer fee payment as a condition for title insurance, all to avoid its obligation to close. There is no evidence showing that the seller or its lawyers believed that the lawsuit and public notice were fraudulent. The purchaser’s affidavit explained that the title work uncovered that the agent had filed a notice of assessment claiming that the property may be subject to a transfer fee upon the sale. Reversed.