Fourth Street Restaurant v. Venture Realty Group, Inc.

SCHEB, Acting Chief Judge.

Appellant Peter Dykeman challenges a final judgment awarding the appellees a broker’s commission for obtaining a buyer who was ready, willing, and able to purchase Dykeman’s property. We think the trial court misperceived the legal effect of the evidence, and accordingly, we reverse. In view of our disposition, appellees’ cross-appeal is moot.

On July 29, 1986, Dykeman executed a written exclusive right of sale listing agreement with Luten Properties, Inc., for the sale of property known as Carol’s Seafood and Steak House in St. Petersburg. On August 21, Venture…