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This appeal involves the sale of a gas station, the “Stevens Forest Exxon,” by its co-owners, Khurram Shahzad, appellee, and Shafiq Umar, appellant, to Abdul Azad, appellant. As is evident from the designation of appellate parties, this was not a typical commercial lawsuit between parties on the opposite sides of a contract, that is, between sellers and buyer, or vice versa. Rather, this was an action for, among other things, fraud, breach of fiduciary duty, and civil conspiracy brought by one seller, appellee Shahzad, in the Circuit Court for Prince George’s County, against his co-owner, appellant Umar, and the purchaser of the station, appellant Azad.

At the conclusion of a bench trial of this matter, the Prince George’s County circuit court found that Umar and Azad had indeed conspired to defraud appellee. It therefore entered judgments against Umar and Azad, amounting to $100,000 in compensatory damages and $25,000 in punitive damages. From those judgments, Umar and Azad noted this appeal, raising three issues, which are reducible to two:

I. Whether the circuit court erred in holding that Umar and Azad had engaged in a civil conspiracy to defraud appellee and to breach any fiduciary owed to appellee when it also found that Umar was not liable for fraud or breach of fiduciary duty.

II. Whether the circuit court erred in holding appellants liable for civil conspiracy when Azad was legally incapable of breaching a fiduciary duty.


Read the unreported opinion.