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MAGNER v. MERRILL LYNCH REALTY/MCK, INC.

Nos. 88-2669 & 89-1364.

585 So.2d 1040 (1991)

Richard MAGNER, Marie Magner, His Wife, Dr. Roberto P. Coquis and Consuelo Coquis, His Wife, Appellants/Cross-Appellees, v. MERRILL LYNCH REALTY/MCK, INC., F/K/a Miller, Cowherd and Kerver, Inc., Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 3, 1991.

Attorney(s) appearing for the Case

C. Edward McGee, Jr. and John P. Shevock of Dykema Gossett, Fort Lauderdale, for appellants/cross-appellees Richard Magner and Marie Magner, his wife.

Harry G. Carratt of Morgan, Carratt and O'Connor, P.A., and Edward R. Rumin, Fort Lauderdale, for appellants/cross-appellees Dr. Roberto P. Coquis and Consuelo Coquis, his wife.

John Beranek of Aurell, Radey, Hinkle & Thomas, Tallahassee, and Rotella & Boone, Fort Lauderdale, for Merrill Lynch Realty/MCK, Inc.

ON MOTION FOR REHEARING

DELL, Judge.

We grant appellee's motion for rehearing. We withdraw the opinion issued on November 14, 1990, and substitute the following opinion:

This consolidated appeal arises out of a suit by a realtor to recover brokerage commissions. We need only address three of the numerous issues raised on appeal and cross-appeal. Appellants Richard and Marie Magner (Magners) contend that the trial court erred when it granted appellee...

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