Wasser v. Department of Business & Professional Regulation

I respectfully dissent because in my view there is a disputed material fact question as to whether Jones was acting as a broker in this transaction. The case was heard below pursuant to section 120.57(2), Florida Statutes “Additional Procedures Applicable to Hearings Not Involving Disputed Issues of Material Fact,” a kind of summary judgment proceeding. Thus I would remand the cause for an evidentiary hearing.

Based on the documents of record, a reasonable interpretation of them is that Jones initiated this transaction in his capacity as a broker/lieensee. He listed Wasser’s home with his real…