HARRY HORN AND SALA HORN, HIS WIFE, PETITIONERS,
v.
SHELDON GREENE & ASSOCIATES, INC., A FLORIDA CORPORATION; AND LITWIN REALTY, INC., A FLORIDA CORPORATION, RESPONDENTS
HARRY HORN AND SALA HORN, HIS WIFE, PETITIONERS,
SHELDON GREENE & ASSOCIATES, INC., A FLORIDA CORPORATION; AND LITWIN REALTY, INC., A FLORIDA CORPORATION, RESPONDENTS
502 So. 2d 421
Florida Supreme Court (1987)
Caution
Cited by 16 cases
Opinion of the Court
PER CURIAM.
We granted review of the decision of the Third District Court of Appeal, Sheldon Greene & Associates v. Rosinda Investments, N.V., 475 So. 2d 925 (Fla. 3d DCA 1985), on the basis that it expressly and directly conflicted with Shuler v. Allen, 76 So. 2d 879 (Fla.1955). Upon further examination of the record and reconsideration of the holdings of these two cases, we find they are factually distinguishable. We therefore dismiss the petition for review.
It is so ordered.
MCDONALD, C.J., and ADKINS, BOYD, OVERTON, SHAW and BARKETT, JJ., concur. EHRLICH, J., dissents.
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Koslovsky Realty, Inc. v. Losek, 729 So. 2d 417 (Fla. 3d DCA 1999)…ding that the Loseks were relieved of liability. Because KRI was the procuring cause of the sale, it was entitled to commission. See Sheldon Greene & Associates, Inc. v. Rosinda Investments, N.V., 475 So. 2d 925 (Fla. 3d DCA 1985), review dismissed, 502 So. 2d 421 (Fla. 1987). Accordingly, we reverse and remand for entry of judgment in favor of KRI against Milgrim and Losek in all respects. Our decision does not preclude the parties from pursuing any claims for indemnification. Reversed and remanded with…
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S. Pac. Enters. v. Cornerstone Realty, Inc., 672 So. 2d 568 (Fla. 4th DCA 1996)…fically and purposefully excluded the broker from negotiations. Lee Giusti Realty, Inc. v. L.D. Corp., 603 So. 2d 39, 40 (Fla. 4th DCA 1992); Sheldon Greene & Assocs., Inc. v. Rosinda Invs., N.V., 475 So. 2d 925 (Fla. 3d DCA 1985), review dismissed, 502 So. 2d 421 (Fla.1987); American United, Inc. v. Kroll Realty, Inc., 443 So. 2d 217, 219 (Fla. 4th DCA 1983); Alcott v. Wagner & Becker, Inc., 328 So. 2d 549 (Fla. 4th DCA 1976); First Realty Corp. Of Boca Raton, 268 So. 2d at 413. In the instant case, we find…
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Brickell Bayview Real Est., Inc. v. Cooper, 691 So. 2d 1094 (Fla. 3d DCA 1997)…. 4th DCA), rev. denied, 682 So. 2d 1100 (Fla.1996); see Brisco v. Ronnie Diaz Realty Corp., 562 So. 2d 358, 359 (Fla. 2d DCA 1990); Sheldon Greene & Assocs., Inc. v. Rosinda Investments, N.V., 475 So. 2d 925, 927 (Fla. 3d DCA 1985), rev. dismissed, 502 So. 2d 421 (Fla.1987); Ehringer v. Brookfield and Assocs., Inc., 415 So. 2d 774, 775 (Fla. 5th DCA 1982). Based upon the evidence adduced at trial, the court found that a broker other than Fortune, was the procuring cause for the sale of Cooper’s property. We…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shuler v. Allen, 76 So. 2d 879 (Fla. 1955)
- Sheldon Greene & Assocs., Inc. v. Rosinda Invs., N.V., 475 So. 2d 925 (Fla. 3d DCA 1985)