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FIRST NAT. BK., POMPANO BEACH v. JOSEPH C. MACKEY & CO.

Nos. 74-423, 74-425.

330 So.2d 39 (1976)

FIRST NATIONAL BANK OF POMPANO BEACH, Executor of Estate of E. Charles Conway, Deceased, et al., Appellants, v. JOSEPH c. MACKEY & COMPANY, Appellee. BATTLE, INC., REAL ESTATE, a Florida Corporation, Appellant, v. FIRST NATIONAL BANK OF POMPANO BEACH, Executor of Estate of E. Charles Conway, Deceased, Appellee.

District Court of Appeal of Florida, Fourth District.

April 2, 1976.

Attorney(s) appearing for the Case

James W. Geiger, of Devitt, Geiger, O'Neal & Booth, Fort Lauderdale, for appellants/appellee, First Nat. Bank of Pompano Beach, Executor of Estate of E. Charles Conway, deceased, Fairbanks Plaza, Inc., Gardens By The Sea Land Co. and Gardens By The Sea Development Corp.

Bryson K. Lovejoy, Law Offices of George L. Moxon, Fort Lauderdale, for appellant, Battle, Inc., Real Estate.

Carl Schuster, of Ruden, Barnett, McClosky, Schuster & Schmerer, Fort Lauderdale, for appellee, Joseph C. Mackey & Co.

PER CURIAM.

Two suits, each seeking a real estate commission arising out of the same transaction, were consolidated for nonjury trial. Broker-Joseph C. Mackey & Company was awarded the commission and the several defendants in that case have appealed (our Case No. 74-423). The unsuccessful broker, Battle, Inc., Real Estate, has filed a separate appeal (our Case No. 74-425). The appeals were consolidated.

Only two points raised on the consolidated appeals...

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