OREN E. MORTON, APPELLANT,
v.
EVA MAE HARRINGTON, APPELLEE
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The Florida District Court of Appeal affirmed a directed verdict for the defendant in a tort action alleging misrepresentation in a real estate listing. The court found no evidence of a misrepresentation by the defendant that would constitute a listing.
No, the record did not disclose any representation by the defendant to the plaintiff that would constitute a listing. Therefore, the trial court's directed verdict for the defendant was correct.
“A review of the record fails to disclose any representation by the appellee to the plaintiff which would constitute a listing, and, therefore, the action of the trial judge was correct.”
This quote explains the court's primary reason for affirming the lower court's decision, highlighting the lack of evidence for the plaintiff's claim.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff, Oren E. Morton, sued the defendant, Eva Mae Harrington, for misrepresentation in a real estate listing. The case proceeded to trial, an…
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Following the opinion and mandate of this court in Morton v. Perkins, Fla. App.1964, 163 So.2d 796, the appellant, as plaintiff in the trial court, instituted an action against the appellee sounding in tort claiming a misrepresentation by her to the plaintiff in making a real estate listing. The matter came on for trial and, at the conclusion of the plaintiff’s case, the trial' court directed a verdict for the defendant. This appeal ensued. We affirm.
A review of the record fails to disclose any representation by the appellee to the plaintiff which would constitute a listing and, therefore, the action of the trial judge was. correct. See: City Builders’ Finance Co. v. Stahl, 90 Fla. 357, 106 So. 77; Howell v. Blackburn, 100 Fla. 114, 129 So. 341; Hanover Realty Corp. v. Codomo, Fla. 1957, 95 So.2d 420; 5 Fla.Jur., Brokers, §§ 15, 32.
The final judgment here under review is hereby affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Howell v. Blackburn, 100 Fla. 114 (Fla. 1930)
- City Builders Fin. Co. v. Stahl, 90 Fla. 357 (Fla. 1925)
- Tucker v. Augusta M. Bessee, 95 So. 2d 420 (Fla. 1957)
- Oren E. Morton v. Perkins, 163 So. 2d 796 (Fla. 3d DCA 1964)