POINTE SAVINGS BANK, APPELLANT/CROSS-APPELLEE,
v.
SARI GARSHALL, APPELLEE/CROSS-APPELLANT
PER CURIAM.
The trial court found as a fact that under the terms of their commission agreement, the appellee-mortgage broker was only entitled to a commission from appellant if the loan applications that she originated were actually closed. Nevertheless, the trial court ordered the bank to pay commissions on loan applications which did not close. This was error, notwithstanding that only the bank was responsible for the decisions to reject those applications prior to closing on them. E.g. Harding Realty Inc. v. Turnberry Towers Corp., 436 So. 2d 983 (Fla. 3d DCA 1983); Warter v. Bancroft Hotel Assocs., 285 So. 2d 676 (Fla. 3d DCA 1973); Hanover Realty Corp. v. Codomo, 95 So. 2d 420 (Fla.1957). Therefore, the final judgment and order regarding attorney’s fees and costs are reversed.
GUNTHER and STONE, JJ., and MOE, LEROY H., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
A.J. v. State, 677 So. 2d 935 (Fla. 4th DCA 1996)…he terms and conditions of payment of restitution to the Department of Juvenile Justice or other community control officers. G.A.Z. v. State, 657 So. 2d 1244 (Fla. 2d DCA 1995); Boss v. State, 613 So. 2d 525 (Fla. 5th DCA 1993); Strickland v. State, 610 So. 2d 705, 706 (Fla. 4th DCA 1992). AFFIRMED IN PART, REVERSED IN PART AND REMANDED. WARNER, J„ and GROSSMAN, MELVIN, B., Associate Judge, concur. . The award of $2,498.00 instead of $2,400.98 is a clerical error that can be corrected on remand. . Because…
-
Hamrick v. State, 648 So. 2d 274 (Fla. 4th DCA 1995)…(Fla. 1st DCA 1993). Before a trial court grants a motion for restitution, it shall consider several factors, including the loss by the victim and appellant’s ability to pay restitution. § 775.089(6), Fla.Stat. (1993). See also Strickland v. State, 610 So. 2d 705 (Fla. 4th DCA 1992). “[T]he trial court may not rely upon unsworn testimony and solely upon argument of counsel as the basis for determining the amount of restitution.” Strickland, [*277] 610 So. 2d at 707. Also, the trial court has an affirmative d…
-
Schotsch v. State, 670 So. 2d 127 (Fla. 4th DCA 1996)…. Without an objection to defendant’s absence having been raised at the restitution hearing, and in light of defendant’s plea agreement and defense counsel’s affirmative waiver, defendant did not properly preserve the issue. See Strickland v. State, 610 So. 2d 705 (Fla. 4th DCA 1992). Due process is not implicated here where there has been an agreement by defendant to pay restitution, notice and an opportunity to be heard, and an affirmative waiver. Cf. Wood v. State, 544 So. 2d 1004 (Fla.1989). Defendant is…1 / 2
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tucker v. Augusta M. Bessee, 95 So. 2d 420 (Fla. 1957)
- Harding Realty, Inc. v. Turnberry Towers Corp., 436 So. 2d 983 (Fla. 3d DCA 1983)
- Warter v. Bancroft Hotel Assocs., 285 So. 2d 676 (Fla. 3d DCA 1973)