Rose v. Showalter ( 1985 )

BURNETT, Judge,

dissenting in part.

I agree with the majority that the district court did not adequately address the issue of fiduciary duty. However, I respectfully decline to join in today’s opinion because it engages in excessive appellate fact-finding. I am not persuaded that the material facts are entirely undisputed or that there is but a single set of permissible inferences to be drawn from the evidence. In my view the better course on appeal would be to vacate the judgment below, to articulate the legal standards governing fiduciary relationships between realtors and their clients, and to remand this case for proper application of those standards in the trial court.