JOHN C. CANARD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Venturvest Realty Corp. v. A.K.S.I.P. Corp., 793 So. 2d 1054 (Fla. 3d DCA 2001)
  …the sale, it is of no legal consequence that its exclusive listing period had ended. A broker may recover a commission “even after expiration of the listing agreement which contained an exclusive right to sell provision.” Monrose, Inc. v. Baldridge, 423 So. 2d 467, 468 (Fla. 2nd DCA 1982). See also Sanson v. Dutcher, Higginbotham & Bass, Inc., 401 So. 2d 913 (Fla. 4th DCA 1981). Likewise, the variation between the initial offer for the sale of both the improved property and the outparcel and the ultimate sal…
• WTSP-TV, Inc. v. No. ONE Realty Ctr., Inc., 490 So. 2d 1273 (Fla. 2d DCA 1986)
  …g agreement is of no consequence. Sanson v. Dutcher, Higginbotham & Bass, 401 So. 2d 913 (Fla. 4th DCA 1981). In a contest with WTSP, the “procuring cause doctrine” entitles Number One to the undistributed $30,000.00. See Monrose, Inc. v. Baldridge, 423 So. 2d 467 (Fla. 2d DCA 1982). The arrangement between Number One and Key Coastal created no entitlement in WTSP to the money, a fact unaffected by Key Coastal’s inability to receive its share of the commission. The trial court, although reaching the right re…
• Esslinger-Wooten-Maxwell, Inc. v. Lones Fam. Ltd. P'ship (Fla. 3d DCA 2020)
  …ng agreement. While we acknowledge that the procuring cause doctrine has been recognized as an exception to the general rule that the terms of the contract control, this exception operates in equity, not law. See, e.g., Monrose, Inc. v. Baldridge, 423 So. 2d 467 (Fla. 2d DCA 1982) (where the broker alleged that the seller “perpetrated a subterfuge” and deliberately delayed consummating the deal to avoid paying the broker’s commission). The equitable principles behind the procuring cause doctrine have been…

Authorities Cited

• Crawford v. State, 406 So. 2d 1234 (Fla. 2d DCA 1981)
• Charlotte Asphalt, Inc. v. Cape Cave Corp., 406 So. 2d 1234 (Fla. 2d DCA 1981)