CARL ROBINSON, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• ST. JOE Corp. v. McIVER, 875 So. 2d 375 (Fla. 2004)
  …ee Tyler v. Seiler, 76 Misc. 185, 136 N.Y.S. 394 (App. Term 1912) (allowing a commission where the city condemned the property in order to clear a defect in the seller’s title that had prevented a voluntary sale); Keyes Co. v. Florida Nursing Corp., 340 So. 2d 1254 (Fla. 3d DCA 1976) (acknowledging the rule that condemnation does not equate to a sale but concluding that, despite condemnation, a factual issue remained about whether the owner frustrated the sale to avoid a commission). A recurring theme of these…
• Maxwell and Reva Dauer v. Pichowski, 413 So. 2d 62 (Fla. 2d DCA 1982)
  …ncurs as to the time at which he is to give up possession, and has the power to negotiate a satisfactory price. Obviously, condemnation meets none of these tests. The only Florida decision to discuss the issue is Keyes Co. v. Florida Nursing Corp., 340 So. 2d 1254 (Fla. 3d DCA 1976). In that case, Dade County sought the assistance of a broker in finding property to be used as a rehabilitative center for chronic alcoholics. The broker found the defendant’s property and secured from the defendant an option agre…
• McIVER v. ST. JOE Corp., 828 So. 2d 394 (Fla. 1st DCA 2002)
  …perty. Therefore, Mclver presented evidence from which a jury might conclude that the conveyance in this case satisfied the “tests” in Dauer and thus constituted a “sale” for purposes of his broker’s commission. Cf. Keyes Co. v. Fla. Nursing Corp., 340 So. 2d 1254, 1256 (Fla. 3d DCA 1976) (reversing final summary judgment and explaining, among other things, “The language of the agreement that ‘(c)omission payable only when, as and if transaction is fully consummated’ does not refer to a sale, and an issue to…

Authorities Cited

• Lynch v. State, 293 So. 2d 44 (Fla. 1974)
• Simkins Indus., Inc. v. Moreira, 313 So. 2d 666 (Fla. 1975)
• Spinkellink v. State, 313 So. 2d 666 (Fla. 1975)
• Consol. Shrimp Co. v. Allen, 96 So. 2d 152 (Fla. 1957)
• Blackburn v. Cochran, 114 So. 2d 684 (Fla. 1959)
• MacKiewicz v. State, 114 So. 2d 684 (Fla. 1959)