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WIENER v. POPE

No. 85-503.

479 So.2d 320 (1985)

Bart WIENER, Appellant, v. Charles H. POPE, Charles H. Pope and Associates, Inc., and Two Rivers Associates, Inc., Appellees.

District Court of Appeal of Florida, Third District.

December 17, 1985.

Attorney(s) appearing for the Case

Bryson & Berman, P.A., and John E. Bergendahl, Miami, for appellant.

Jones & Foster, P.A., and Margaret L. Cooper and Neil Hayes, West Palm Beach, for appellees.

Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.

PER CURIAM.

Bart Wiener, a broker, brought an action to recover his commission for brokering a mortgage loan. The trial court granted appellees' motion to dismiss on the stated basis that "since the construction mortgage loan contemplated by the commitment was never actually closed, the [complaint] failed to state a cause of action." This case is factually indistinguishable from S & D Enterprises, Inc. v. Sonnenblick-Goldman Southeast Corp.,

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