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FRED McGILVRAY, INC. v. DELPHIAN GROUP, INC.

No. 81-129.

424 So.2d 891 (1982)

FRED McGILVRAY, INC., Appellant, v. The DELPHIAN GROUP, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 27, 1983.

Attorney(s) appearing for the Case

Stephens, Lynn, Chernay & Klein and Robert M. Klein, Miami, for appellant.

Schoninger, Jankowitz, Siegfried & Kipnis, P.A. and Steven M. Siegfried, Miami, for appellee.

Before HUBBART, C.J., and HENDRY and FERGUSON, JJ.

PER CURIAM.

The defendant Fred McGilvray, Inc. ("McGilvray") appeals an adverse final judgment entered upon a jury verdict in a suit for a brokerage commission brought below by the plaintiff mortgage broker, The Delphian Group, Inc. ("Delphian"). The suit below was originally brought on breach of contract and quantum meruit theories, but at the outset of trial, the plaintiff Delphian abandoned its breach of contract count and proceeded solely on its quantum meruit...

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