R.J. Katz & Co. v. B.T.I. Freight Systems, Inc.

SCHWARTZ, Chief Judge.

After we reversed a summary judgment on liability for the plaintiff broker because there were “genuine issues of material fact,” B.T.I. Freight Sys., Inc. v. R.J. Katz & Co., 614 So.2d 558 (Fla. 3d DCA 1993), the successor trial judge quite unaccountably dismissed the amended complaint with prejudice. We now reverse that determination.

It is clear that the amended complaint appropriately alleged a breach of the parties’ agreement for the broker to recover a commission for producing the lessee “in the event of default by [the] lessor.” See Randolph v. Neeley, 185 So.2d 785…