Marchetta v. Turner

The defendants failed to establish conclusively the nonexistence of material issues of fact, therefore, a summary judgment was inappropriate. See Florida E. Coast Ry. Co. v. Metropolitan Dade County, 438 So.2d 978 (Fla. 3d DCA 1983).

The appellant/brokers allege that the defendant, Robert Howard, as owner and trustee of Club Alhambra Apartments, through his agent, Arthur Levine, entered into an oral, real estate listing agreement to sell the apartment complex. The brokers contend that they are entitled to a commission from Howard, as the seller, or from the other defendants, the purchaser *1324and…