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MARLIN v. OAKWOOD MANOR, INC.

No. 73-950.

309 So.2d 239 (1975)

Robert MARLIN, Appellant, v. OAKWOOD MANOR, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

March 12, 1975.

Attorney(s) appearing for the Case

William J. McPharlin and Jonas J. Schattner, Ft. Lauderdale, for appellant.

Clyde H. Wilson, Jr. of Wilson, Wilson & O'Connell, Sarasota, for appellee.

McNULTY, Chief Judge.

Plaintiff-appellant, a real estate broker, seeks a commission allegedly due for brokerage services rendered to appellee. He appeals fron a final judgment dismissing his fourth amended complaint with prejudice. We reverse.

The fourth amended complaint herein is in two counts. The material allegations of Count I are as follows:

"4. That during the month of February, 1972, the defendant entered into an oral listing with one Daniel...

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