R.J. KATZ & COMPANY, A FLORIDA CORPORATION, APPELLANT,
v.
B.T.I. FREIGHT SYSTEMS, INC., A FLORIDA CORPORATION, AND IVAN DO AMARAL, APPELLEES
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The court held that the amended complaint appropriately alleged a breach of the parties' agreement for the broker to recover a commission, and the lessee's release of the lessor had no effect on the dispute.
After a prior reversal of summary judgment for the plaintiff broker, the trial court dismissed the amended complaint. The broker sought a commission f…
The full statement of facts, procedural history, and disposition for this case are member content.
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SCHWARTZ, Chief Judge.
After we reversed a summary judgment on liability for the plaintiff broker because there were “genuine issues of material fact,” B.T.I. Freight Sys., Inc. v. R.J. Katz & Co., 614 So. 2d 558 (Fla. 3d DCA 1993), the successor trial judge quite unaccountably dismissed the amended complaint with prejudice. We now reverse that determination.
It is clear that the amended complaint appropriately alleged a breach of the parties’ agreement for the broker to recover a commission for producing the lessee “in the event of default by [the] lessor.” See Randolph v. Neeley, 185 So. 2d 785 (Fla. 1st DCA 1966). Moreover, in light of the provision of the deposit receipt agreement that the return of the deposit to the potential lessee after a default by the lessor “shall not relieve the lessor” of its obligation to pay the commission, we conclude, contrary to the appellees’ alternative position, that the lessee’s release of the lessor when the deposit was, in fact, returned has no effect on the present dispute.
We agree that the broker’s claim for attorney’s fees under section 448.08, Florida Statutes (1987) was properly stricken. Sing er Prods., Inc. v. Tecnecol, Ltda., 625 So. 2d 892 (Fla. 3d DCA 1993).
Reversed in part, affirmed in part.
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Citator
Cited By
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R.J. Katz & Co. v. B.T.I. Freight Sys., Inc., 664 So. 2d 44 (Fla. 3d DCA 1995)…SCHWARTZ, Chief Judge. On this, the third appearance of this case before us, see R.J. Katz & Co. v. B.T.I. Freight Systems, Inc., 632 So. 2d 244 (Fla. 3d DCA 1994); B.T.I. Freight Systems, Inc. v. R.J. Katz & Co., 614 So. 2d 558 (Fla. 3d DCA 1993), we render the third reversal, this time of a summary judgment granted to the individual appellee who was the sole signator of the brokerage agree…
Authorities Cited
- Randolph v. Neeley, 185 So. 2d 785 (Fla. 1st DCA 1966)
- Singer Prods., Inc. v. Tecnecol, 625 So. 2d 892 (Fla. 3d DCA 1993)
- B.T.I. Freight Sys., Inc. v. R.J. Katz & Co., 614 So. 2d 558 (Fla. 3d DCA 1993)
- B.T.I. Freight Sys., Inc. v. R.J. Katz & Co., Inc., 614 So. 2d 558 (Fla. 3d DCA 1993)