Allen v. Belcher

Based upon a review of the pleadings and depositions on file together with other papers, we are of the opinion that genuine issues of material fact exist with respect to plaintiff’s entitlement to a real estate commission and defendant’s alleged efforts in attempting to deprive plaintiff of said commission thereby precluding a determination in a summary proceeding and necessitating a full hearing on the merits. See Nance v. Ball, Fla.App.1961, 134 So.2d 35; see also Kelly v. Buckeye Holding Company, Fla.App.1974, 297 So.2d 869. Accordingly, the summary final judgment is reversed and the cause…