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KEYES COMPANY v. SHERDEN

Nos. 83-374, 83-769.

442 So.2d 427 (1983)

The KEYES COMPANY, a Florida Corporation, Appellant, v. Arthur F. SHERDEN and Mary E. Sherden, Individually and As Co-Partners, Sherden Realty Associates, a Partnership, Thomas H. Thurlow, Sr., Jane B. Thurlow, Thomas H. Thurlow, Jr., and Sandra Thurlow, Appellees.

District Court of Appeal of Florida, Fourth District.

December 21, 1983.

Attorney(s) appearing for the Case

James Merola and G. Steven Brannock of Levy, Shapiro, Kneen & Kingcade, P.A., Palm Beach, for appellant.

Paul B. Erickson of Alley, Maass, Rogers, Lindsay & Chauncey, Palm Beach, for appellees.

PER CURIAM.

We affirm summary judgment on the merits. See, Harding Realty, Inc. v. Turnberry Towers Corp., 436 So.2d 983 (Fla. 3d DCA 1983).

We reverse the award of attorney fees. Appellant's entitlement to a commission was not irrevocably tied to the buyer's specific performance action, Randolph v. Neeley, 185 So.2d 785 (Fla. 1st DCA 1966). Also, ambiguities as to when the...

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