GOTTLIEB v. REID CO., INC.

No. 87-432.

514 So.2d 429 (1987)

Allen GOTTLIEB and Phyllis Gottlieb, Appellants, v. REID COMPANY, INC., Appellee.

District Court of Appeal of Florida, Third District.

November 3, 1987.


Attorney(s) appearing for the Case

Allen and Phyllis Gottlieb, in pro. per.

Spear & Deuschle and Russell D. Kaplan, Ft. Lauderdale, for appellee.

Before HENDRY, HUBBART and JORGENSON, JJ.


PER CURIAM.

Appellants appeal a summary judgment entered in favor of appellee in appellee's action seeking to recover a real estate brokerage commission from appellants.

The record on appeal shows that there exist genuine issues of material fact concerning the defense raised by appellants and that appellee has not demonstrated the legal insufficiency of the defense. Therefore the trial court erred in entering summary judgment.

Reversed and remanded...

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