ROCKMATT CORPORATION v. EHRLICH

No. 73-650.

294 So.2d 412 (1974)

ROCKMATT CORPORATION, d/b/a the Mint Lounge et al., Appellant, v. Joseph G. EHRLICH, d/b/a Wallstreet Company, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 28, 1974.


Attorney(s) appearing for the Case

Petersen, McGowan & Feder, Miami, for appellant.

Breger & Schrieber, North Miami Beach, for appellee.

Before BARKDULL, C.J., and PEARSON and CARROLL, JJ.


PEARSON, Judge.

The defendant, Rockmatt Corporation, which was the seller of a business and the real estate upon which it was conducted, appeals a final judgment based upon a jury verdict in an action by a business broker for a commission. We hold that the verdict unlawfully included a commission for the sale of the real property and reverse for a new trial on damages only.

The appellee, Ehrlich, and the appellant Rockmatt Corporation entered into an exclusive...

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