FOURTH ST. REST. v. VENTURE REALTY GROUP, INC.

No. 87-2272.

533 So.2d 784 (1988)

FOURTH STREET RESTAURANT, a Florida Corporation, and Peter Dykeman, Appellants/Cross-Appellees, v. VENTURE REALTY GROUP, INC., a Florida Corporation, and Luten Properties, Inc., a Florida Corporation, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Second District.

As Revised on Denial of Rehearing October 14, 1988.


Attorney(s) appearing for the Case

Richard L. Pearse, Jr., of Bonner, Hogan & Pearse, P.A., Clearwater, for appellants/cross-appellees.

Michael S. Edenfield of Michael S. Edenfield, P.A., Brandon, for appellees/cross-appellants.


SCHEB, Acting Chief Judge.

Appellant Peter Dykeman challenges a final judgment awarding the appellees a broker's commission for obtaining a buyer who was ready, willing, and able to purchase Dykeman's property. We think the trial court misperceived the legal effect of the evidence, and accordingly, we reverse. In view of our disposition, appellees' cross-appeal is moot.

On July 29, 1986, Dykeman executed a written exclusive right of sale listing agreement...

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