FRANCES AKELEY, APPELLANT,
v.
BEAUMONT MORGAN AND RANDY COOPER, APPELLEES
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PER CURIAM.
The appellant was plaintiff in the trial court and sought recovery for alleged sums due for services as a real estate broker. The plaintiff moved for summary judgment and received a summary judgment as to Count II of the complaint against one of the defendants, and the court granted a summary judgment in favor of the other defendant as to Count II. The court also granted the defendants a summary judgment on Counts I and III of the complaint. This appeal ensued. The plaintiff now contends the trial judge erred in entering the summary judgment for the defendants on Counts I and III and, further, that he erred in not holding the defendant Morgan liable on the judgment as rendered in her favor. We have reviewed the record and approve of the action of the trial judge. The material facts were undisputed; therefore, it was appropriate for the trial judge to enter the summary judgments as to Counts I and III, as well as hold the defendant Cooper liable as to Count II. Keller v. Penovich, Fla.App.1972, 262 So. 2d 243; Beverage Canners, Inc. v.
E. D. Green Corporation, Fla.App.1973, 276 So. 2d 239; Fredericks v. School Board of Monroe County, Fla.App.1975, 307 So. 2d 463; § 925.01, Fla.Stat.
The trial court erred as to the defendant Morgan. He should also be liable under Count II and we reverse the judgment in his favor, and direct the trial court to enter a judgment against the defendant Morgan in favor of the plaintiff as to Count II and, if necessary, modify the judgment against Morgan so that both will be liable, jointly and severally, to the plaintiff.
Affirmed in part, reversed in part, with directions.
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Citator
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E.A. LAW & Co. v. Provende, Inc., 471 So. 2d 107 (Fla. 3d DCA 1985)…ed principles of law. The final judgment and attorney’s fees order under review are in all respects Affirmed. . See Holl v. Talcott, 191 So. 2d 40 (Fla.1966); Johnson v. Gulf Life Insurance Co., 429 So. 2d 744 (Fla. 3d DCA 1983); Akeley v. Morgan, 332 So. 2d 647 (Fla. 3d DCA 1976); Fla.R.Civ.P. 1.510(c). . See Morton v. Insurance Co. of North America, 297 So. 2d 602, 603 (Fla. 3d DCA 1974); Citizens National Bank of Orlando v. Youngblood, 296 So. 2d 92, 94 (Fla. 4th DCA 1974). . See Costa Bella Developmen…
Authorities Cited
- Phillip Fredericks & the Monroe Educ. Ass'n v. The Sch. Bd. OF Monroe Cnty., 307 So. 2d 463 (Fla. 3d DCA 1975)
- Keller v. Penovich, 262 So. 2d 243 (Fla. 4th DCA 1972)
- Bev. Canners, Inc. v. E. D. Green Corp. & Ingersoll-Rand Co., 276 So. 2d 239 (Fla. 3d DCA 1973)