Giallanza Realty, Inc. v. Rosebud Properties, Inc.

Smith, Judge.

Giallanza Realty, Inc. (Broker) brought this action to recover real estate commissions, alleging both contractual and tort theories of liability. Named as defendants were Rosebud Properties, Inc. (RPI) and the Browns (Buyers). Service of process was never effected personally upon Don Hairston, Sr., the president and sole shareholder of RPI. The case was tried before the court without a jury and the broker appeals from a judgment entered in favor of all defendants.

1. The buyers were never contractually liable for any real estate commission and the record is devoid of evidence that…