WAYNE E. ALLEN, APPELLANT,
v.
J. A. BELCHER ET AL., APPELLEES
WAYNE E. ALLEN, APPELLANT,
J. A. BELCHER ET AL., APPELLEES
303 So. 2d 55
Florida District Court of Appeal, Fourth District (1974)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Based upon a review of the pleadings and depositions on file together with other papers, we are of the opinion that genuine issues of material fact exist with respect to plaintiff’s entitlement to a real estate commission and defendant’s alleged efforts in attempting to deprive plaintiff of said commission thereby precluding a determination in a summary proceeding and necessitating a full hearing on the merits. See Nance v. Ball, Fla.App.1961, 134 So. 2d 35; see also Kelly v. Buckeye Holding Company, Fla.App.1974, 297 So. 2d 869. Accordingly, the summary final judgment is reversed and the cause remanded to the trial court for further proceedings.
Reversed and remanded.
WALDEN and MAGER, JJ„ and KIRKLAND, THOMAS E., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Parnell v. Hartford Nat'l Bank & Tr. Co. of Hartford, 307 So. 2d 253 (Fla. 4th DCA 1975)…mmary judgment remedy. Coquina Ridge Properties v. East West Company, Fla.App.1971, 255 So. 2d 279; Schetter v. Jordan, Fla.App.1974, 294 So. 2d 130; Krantz v. Donner, Fla.App. 1973, 285 So. 2d 699; Allen v. Belcher, Fourth District Court of Appeal, 303 So. 2d 55, opinion filed November 8, 1974; Ryskind v. Robinson, Fourth District Court of Appeal, 302 So. 2d 427, opinion filed October 31, 1974. The suit below sought damages for, among other things, unlawful trespass of the plaintiff-appellant’s property an…
Authorities Cited
- Nance v. Linzy Ball and June Ball, 134 So. 2d 35 (Fla. 2d DCA 1961)
- Kelly v. Buckeye Holding Co., 297 So. 2d 869 (Fla. 4th DCA 1974)