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POINTE SAVINGS BANK v. GARSHALL

Nos. 91-2205, 92-0136 and 92-0137.

610 So.2d 705 (1992)

POINTE SAVINGS BANK, Appellant/cross-appellee, v. Sari GARSHALL, Appellee/cross-appellant.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 26, 1993.

Attorney(s) appearing for the Case

Frank J. Bennardo, Boca Raton, and Edna L. Caruso and Barbara J. Compiani of Edna L. Caruso, P.A., West Palm Beach, for appellant/cross-appellee.

Jerald A. Goldstein of Goldstein & Saturn, Boca Raton, for appellee/cross-appellant.

Rehearing En Banc Denied January 26, 1993.

PER CURIAM.

The trial court found as a fact that under the terms of their commission agreement, the appellee-mortgage broker was only entitled to a commission from appellant if the loan applications that she originated were actually closed. Nevertheless, the trial court ordered the bank to pay commissions on loan applications which did not close. This was error, notwithstanding that only the bank was responsible for...

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