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FRANK v. PEPIN

No. 73-40.

283 So.2d 389 (1973)

Myer FRANK, D/B/a Myer Frank and Associates, et al., Appellants, v. Mr. and Mrs. Arthur PEPIN et al., Appellees.

District Court of Appeal of Florida, Second District.

October 5, 1973.

Attorney(s) appearing for the Case

Arnold D. Levine, of Levine, Freedman & Hirsch, P.A., Tampa, for appellants.

T. Paine Kelly, Jr., of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellees.

MANN, Chief Judge.

The trial judge's resolution by summary judgment of this claim for commission on the brokerage of a loan is premature. There is dispute as to several material facts "found" by the trial judge in his summary judgment. The finding that at the initial meeting between Pepin, Werner (his agent) and Davis, Prudential's Tampa loan manager, "there was interest expressed," is disputed. So is the determination that "it affirmatively appears from the testimony...

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