JERRY NORRIS, INC., A FLORIDA CORPORATION, APPELLANT,
v.
FRED J. ACKEL, APPELLEE
PER CURIAM.
This is an appeal of a summary final judgment entered in favor of the appellee, Fred J. Ackel, and-against the appellant, Jerry Norris, Inc., in an action by a real estate broker seeking a brokerage fee.
The pleadings, depositions and affidavits reveal there are genuine issues of material facts precluding summary judgment, specifically, whether the contract was acceptable to the sellers and whether Ackel had authority to act on behalf of the sellers. Since fact issues exist, summary judgment was prematurely entered and we, therefore, reverse and remand for further proceedings consistent with the views herein expressed. Rule 1.510(c), Fla.RCP; Leaks v. Adeimy, 195 So. 2d 47 (Fla.App.1967).
OWEN, C. J., and WALDEN and CROSS, JJ., concur.
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Mid-Florida Realty Assocs., Inc. v. R.F. Truesdell and the Estate of Joseph O. Young, 454 So. 2d 747 (Fla. 5th DCA 1984)…counter-offer, which the owner may accept. The issue in such a case is whether the owner actually agreed to the variation and accepted the contract as presented. Schmalzried v. Findley, 394 So. 2d 436 (Fla. 3d DCA 1981); Jerry Norris, Inc. v. Ackel, 311 So. 2d 712 (Fla. 4th DCA 1975). If the owner accepts the contract, or waives his objections, the broker may recover his commission, whether the contract actually closes or not. Taylor v. Dorsey, 155 Fla. 305, 19 So. 2d 876 (1944); General Development Corporati…
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Schmalzried v. Emery M. Findley, Jr., 394 So. 2d 436 (Fla. 3d DCA 1981)…roducing a buyer ready, willing, and able to purchase on terms acceptable to the defendant-seller, and upon which he actually and specifically agreed. Hopkins v. Gibson Furniture, Inc., 312 So. 2d 499 (Fla. 2d DCA 1975); Jerry Norris, Inc. v. Ackel, 311 So. 2d 712 (Fla. 4th DCA 1975); Cammack v. Leonhardt, 302 So. 2d 170 (Fla. 4th DCA 1974); see generally, Holl v. Talcott, 191 So. 2d 40 (Fla.1966). Reversed.…
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Fla. Power Corp. v. Se. Realty & Inv. Props., Inc., 397 So. 2d 1057 (Fla. 1st DCA 1981)…theastern where, as in this instance, the pleadings and record reflect conflicting issues of material fact. Holl v. Talcott, 191 So. 2d 40 (Fla.1966); Hopkins v. Gibson Furniture, Inc., 312 So. 2d 499 (Fla. 2d DCA 1975); Jerry Norris, Inc. v. Ackel, 311 So. 2d 712 (Fla. 4th DCA 1975); Fontainebleau Hotel Corp. v. Southern Florida Hotel and Motel Association, 294 So. 2d 390 (Fla. 3d DCA 1974). Unresolved issues exist relative to the extent of Solanes’ authority to bind Florida Power, the nature and extent of S…
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