PLAZA REALTY INVESTORS, A MASSACHUSETTS BUSINESS TRUST, PLAZA AT BAY TREE, INC., A FLORIDA CORPORATION, AND INVERRARY VILLAGE, INC., A FLORIDA CORPORATION, APPELLANTS,
v.
HARRY SINGER, AND PETER GLAZIER, APPELLEES
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The court affirmed summary judgment for real estate brokers on a commission claim, finding no genuine issue of material fact regarding alleged negligence by joint venturers that prevented creation of the fund from which commissions were to be paid.
Summary judgment was properly entered for appellees on a real estate brokerage commission claim where no genuine issue of material fact existed regarding joint venturers' alleged negligence.
Appellants, real estate investors, appealed a summary judgment awarding appellees $278,400 in principal plus interest for brokerage commissions. Appel…
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PER CURIAM.
This appeal questions the correctness of a summary final judgment rendered in favor of appellees in a real estate brokerage commission case. Appellants contend that there were material issues of fact to be tried concerning the fault or negligence of joint venturers which allegedly prevented creation of the fund out of which commissions were to be paid.
The trial court ruled that there was no genuine issue as to any material fact, therefore the plaintiffs were entitled to judgment as a matter of law in the principal amount of $278,400.00 together with inter est in the amount of $37,107.40, for a total of $315,507.40 with interest at the rate of ten percent per annum.
Upon careful consideration of the record on appeal, we have concluded that no reversible error has been demonstrated: It has been clearly established that there is no genuine triable issue of material fact, Holl v. Talcott, 191 So. 2d 40 (Fla.1966), and that the appellees are entitled to judgment as a matter of law, Balias v. Lake Weir Light & Water Co., 100 Fla. 913, 130 So. 421, 427 (1930); Walker v. Chancey, 96 Fla. 82, 117 So. 705 (1928); Florida Boca Raton Housing Ass’n v. Marqusee Associates of Florida, 177 So. 2d 370 (Fla. 3d DCA 1965); see Quantum Realty, Inc. v. Lauderhill Apartment Investors, Ltd., 391 So. 2d 228 (Fla. 3d DCA 1980), review denied, 399 So. 2d 1143 (Fla.1981).
Accordingly, the judgment appealed is affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Ballas v. Lake Weir Light & Water Co., 100 Fla. 913 (Fla. 1930)
- Walker v. Chancey, 96 Fla. 82 (Fla. 1928)
- Fla. Boca Raton Hous. Ass'n, Inc. v. Marqusee Assocs. OF Fla., Inc., 177 So. 2d 370 (Fla. 3d DCA 1965)
- Quantum Realty, Inc. v. Lauderhill Apt. Invs., Ltd., 391 So. 2d 228 (Fla. 3d DCA 1980)