SHARONDALE REALTY, INC., APPELLANT,
v.
ANGLERS MOTEL AND BOAT DOCKS, INC., AND A. KENNETH BROWN, APPELLEES
SHARONDALE REALTY, INC., APPELLANT,
ANGLERS MOTEL AND BOAT DOCKS, INC., AND A. KENNETH BROWN, APPELLEES
545 So. 2d 917
Florida District Court of Appeal, Second District (1989)
Positive Treatment
Cited by 1 case
Opinion of the Court
LEHAN, Judge.
We affirm the final judgment entered against appellant real estate broker in its suit for a commission under a contract giving it the exclusive right to sell certain real estate. There was evidence from which the jury could have found that through mutual mistake the written contract failed to express the intent of the parties that the sale on the basis of which the broker seeks a commission was excluded from the contract. See Providence Square Ass’n v. Biancardi, 507 So. 2d 1366, 1369 (Fla.1987); Bagnasco v. Smith, 382 So. 2d 401 (Fla. 4th DCA 1980).
Affirmed.
SCHOONOVER, A.C.J., and PARKER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
G.J.V. v. State, 637 So. 2d 78 (Fla. 2d DCA 1994)…443 So. 2d 424 (Fla. 2d DCA 1984) (where version of statute in effect, § 39.11(1)®, provided restitution sanction as part of community control program only, error to order restitution where child committed to department); see also, C.M.M. v. State, 545 So. 2d 917 (Fla. 2d DCA 1989) (where statute amended to include restitution when child committed to department, no error in ordering committed child to pay restitution). The same reasoning applies here. The unambiguous statute provides the authority to impose…
Authorities Cited
- Providence Square Ass'n, Inc. v. Biancardi, 507 So. 2d 1366 (Fla. 1987)
- Bagnasco v. Smith, 382 So. 2d 401 (Fla. 4th DCA 1980)