Nania v. Port Salerno Realty, Inc.

This is an appeal from a final judgment entered upon the appellee’s motion for summary judgment or for judgment on the pleadings. The trial court did not specify whether it was entering a judgment on the pleadings or a summary judgment. However, this court finds unresolved issues in both the pleadings and the evidence requiring reversal of the trial court’s decision.

This is an action for a real estate broker’s commission. Although the appellant acknowledged in both the pleadings and in deposition that the appellee broker had presented a written offer to purchase the appellant’s property, the…