EUGENIA BEDELL, D/B/A CARIBBEAN HOME RENTALS, CROSS APPELLANT,
v.
HOUSTON MARSHALL, CROSS APPELLEE; EUGENIA BEDELL, D/B/A CARIBBEAN HOME RENTALS, APPELLANT, V. HOUSTON MARSHALL, APPELLEE
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STONE, Judge.
The trial court vacated and set aside a final judgment for the appellant upon determining, pursuant to a post-trial motion, that the judgment was based on a void contract. We affirm the determination that the plaintiff may not recover real estate commissions paid to an unlicensed agent. However, the record reflects that other sums were included in the jury’s verdict that were not invalid.
We therefore reverse and remand for a new trial on plaintiff’s claims other than for commissions. See Title and Trust Co. of Florida v. Parker, 468 So. 2d 520 (Fla. 1st DCA 1985). As to the second count in the complaint, we also note that section 812.035(7), Florida Statutes, has been amended. Since the effect of this amendment has not been briefed, we make no comment other than to draw the attention of the court and parties to Cutler v. Pelletier, 507 So. 2d 676 (Fla. 4th DCA 1987). The attorney’s fee issue is now moot. However, we note that if a party were entitled to statutory attorney’s fees, the court would be required to comply with Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985).
GLICKSTEIN and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Vista Designs, Inc. v. Melvin K. Silverman, P.C., 774 So. 2d 884 (Fla. 4th DCA 2001)…riting, was a void contract ab initio.” Thus, Silverman was to take nothing on his action for unpaid legal bills. In ruling against Vista Designs’ on its counterclaim, the trial court held that it was “persuaded by the holding in Bedell v. Marshall, 508 So. 2d 574 (Fla. 4th DCA 1987) that this court is not permitted to order the disgorgement of money paid under a void contract.” Bedell2 held that a plaintiff may not recover real estate commissions paid to an unlicensed agent under a void contract. Bedell is d…1 / 2
Authorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Title & Tr. Co. OF Fla. v. Parker, 468 So. 2d 520 (Fla. 1st DCA 1985)
- Eastman v. State, 507 So. 2d 676 (Fla. 3d DCA 1987)