KERN v. MARTZ

No. 83-1951.

462 So.2d 867 (1985)

Irving KERN, Appellant/Cross Appellee, v. Benny L. MARTZ, et al., Appellees/Cross Appellants.

District Court of Appeal of Florida, Fourth District.

January 30, 1985.


Attorney(s) appearing for the Case

Edward A. Perse and Mallory H. Horton of Horton, Perse & Ginsberg, Miami, and Joel A. Savitt, P.A., North Miami Beach, for appellant/cross appellee.

W. Jay Hunston, Jr. and Brian B. Joslyn of DeSantis, Cook, Gaskill & Silverman, P.A., North Palm Beach, for appellees/cross appellants.

Richard F. O'Brien III of Hall & O'Brien, P.A., Miami, for appellee/cross appellant — The Hayden Group.


LETTS, Judge.

The trial court dismissed, with prejudice, an amended complaint filed by a broker seeking a real estate commission and other relief. We reverse.

The facts are complex, but we see no need to set them forth in agonizing detail. Basically, the broker had suffered dismissal of his complaint against the buyer and his associates after they successfully argued that the complaint, and its attached exhibits, called for payment of any brokerage fee due...

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