RAYMOND C. CLARK, D/B/A ANCIENT CITY REALTY, APPELLANT,
v.
HAROLD SHERMAN, ROBERT D. SLEWETT, ET AL., APPELLEES
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DAUKSCH, Judge.
This is an appeal from a judgment in a suit for a real estate broker’s fee. Upon a review of the evidence it is our conclusion the trial judge erred in directing a verdict against the plaintiff because the question of whether the plaintiff was entitled to a fee was a factual question only the jury could decide. It is not for the judge to decide as a matter of law whether the plaintiff was a part of the procuring cause for the buyer and seller coming together in contract.
Was the plaintiff the one who introduced the buyer to the property and the seller? Did the seller agree to pay a broker’s fee if the plaintiff found a buyer? Was that agreement in existence at the time the buyer first found out about the property and did the agreement continue in effect until the sale was consummated? These are but some of the jury’s questions and they should have been the ones to decide.
The judgment is reversed and this case is remanded for trial.
REVERSED and REMANDED.
COWART, J., and COLEMAN, T.P., Associate Judge, concur.
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United Farm Agency OF Fla., Inc. v. DKLS, Inc., 560 So. 2d 1212 (Fla. 3d DCA 1990)…e verdict only when there is no evidence or inferences which may support the opposing party’s position. Stirling; Brown v. Walker, 306 So. 2d 209 (Fla. 1st DCA 1975). The issue of the procuring cause of sale is a question of fact. Clark v. Sherman, 452 So. 2d 952 (Fla. 5th DCA), petition for rev. denied, 461 So. 2d 115 (Fla. 1984) (trial court erred in directing verdict against real estate broker because whether broker was procuring cause of sale is a question of fact for the jury). As a question of fact, th…
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Siegel v. Landquest, Inc., 761 So. 2d 415 (Fla. 5th DCA 2000)…ons of fact that the jury must decide from the surrounding circumstances.); United Farm Agency of Florida, Inc. v. DKLS, Inc., 560 So. 2d 1212 (Fla. 3d DCA 1990); Allen C. Ewing & Co. v. Freedle, 521 So. 2d 384 (Fla. 1st DCA 1988); Clark v. Sherman, 452 So. 2d 952 (Fla. 5th DCA 1984); Fearick v. Smugglers Cove, Inc., 379 So. 2d 400 (Fla. 2d DCA 1980). SUMMARY JUDGMENT VACATED; REMANDED. THOMPSON and SAWAYA, JJ., concur. . Siegel also filed third party claims against Osceola Trace Development, Osceola Devel…
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Hill v. State, 456 So. 2d 975 (Fla. 3d DCA 1984)…PER CURIAM. Affirmed. See P.L.R. v. State, 455 So. 2d 363 (Fla.1984); J.F. v. State, 452 So. 2d 952 (Fla. 3d DCA 1984); Council v. State, 442 So. 2d 1072 (Fla. 3d DCA 1983); Foxx v. State, 392 So. 2d 48 (Fla. 3d DCA 1981); Adams v. State, 375 So. 2d 638 (Fla. 1st DCA 1979); Skelton v. State, 349 So. 2d 193 (Fla. 3d DCA 1977).…