Dale Denton Real Estate, Inc. v. Fitzgerald

Appellant, a real estate brokerage firm, appeals from the trial court’s denial of its motion for summary judgment and the sua sponte dismissal of its action seeking a commission on the sale of residential property previously owned and sold by appellees after the expiration of an exclusive listing period in a contract between the parties. Appellant, urging solely that it was the procuring cause of the sale, contends that trial court erred in not following this jurisdiction’s legal precedent. We affirm.

I

On September 5, 1989, appellant, Dale Denton Real Estate, Inc., by and through its agent,…