Rogier v. American Testing & Engineering Corp.

OPINION

NAJAM, Judge

STATEMENT OF THE CASE

David A. Rogier, d/b/a Rogier Associates (“Rogier”), filed suit against American Testing and Engineering Corporation, a/k/a ATEC Associates, Inc. (“ATEC”), for breach of the parties’ exclusive listing agreement to sell ATEC’s business. Rogier sought recovery of his fee for the lost opportunity to make a sales presentation to the Michael Baker Corporation (“Baker”) and for a commission from the sale of ATEC’s business to ÁTC Environmental, Inc. (“ATC”). The trial court entered summary judgment in favor of ATEC, and Rogier appeals.

We affirm in part,…