Legal Opinion

First Florida Realty & Auction Co. v. Peacock

District Court of Appeal of Florida

Decided December 31, 1997No. 96-4712PublishedCited by 1 opinion

1Opinion of the Court

WOLF, Judge.

This is an appeal from a final judgment awarding appellant a portion of a real estate brokerage commission; appellant asserts that it was entitled to the entire commission.1 Appellant argues that the trial court erred in a number of respects, two of which have merit. We find that the trial court erred in determining that the “procuring cause doctrine” precluded a full commission award, and in determining that appellee’s lack of understanding of the terms of the parties’ contract also justified less than a full commission award.

The parties in this case entered into a written…

2Cases cited6 opinions

  1. Allied Van Lines, Inc. v. BrattonSupreme Court of Florida · 1977
  2. Flynn v. McGintySupreme Court of Florida · 1952
  3. Community Cablecasting Corp. v. Daniels & Assoc., Inc.District Court of Appeal of Florida · 1968
  4. Sanson v. Dutcher, Higginbotham & Bass, Inc.District Court of Appeal of Florida · 1981
  5. Whitehurst v. ErstlingDistrict Court of Appeal of Florida · 1966

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3Cited by1 opinion

  1. Allenby & Associates, Inc. v. Crown "St. Vincent" Ltd.District Court of Appeal of Florida · 2009

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