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LOUIS SHERRY ASSOC., INC. v. OPATUT

No. 81-838.

414 So.2d 1148 (1982)

LOUIS SHERRY ASSOCIATES, INC. and Harding Realty, Inc., Appellants, v. Joel OPATUT, Appellee.

District Court of Appeal of Florida, Third District.

June 8, 1982.

Attorney(s) appearing for the Case

Myers, Kaplan, Levinson, Kenin & Richards and Bruce J. Berman and William M. Grodnick, Miami, for appellants.

Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, Orlando, amicus curiae.

Arky, Freed, Stearns, Watson & Greer and R. Lawrence Bonner, Miami, for appellee.

Before HUBBART, C.J., SCHWARTZ, J., and PEARSON, TILLMAN (Ret.), Associate Judge.

PER CURIAM.

On motion for rehearing after a non-jury trial, the lower court entered judgment against the plaintiff-appellants in an action for a real estate brokerage commission. It found that

1. The real estate broker has the burden of proving by a preponderance of the evidence that he is entitled to recover under the commission agreement. 2. The failure of the parties to agree as to what personal property was to be included as part of the real...

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