BANYAN CORP. v. SCHUCKLAT REALTY, INC.

Nos. 91-03891, 92-00235.

611 So.2d 1281 (1992)

The BANYAN CORPORATION, a Florida corporation, and Carolyn V. Smith, Appellants, v. SCHUCKLAT REALTY, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 25, 1993.


Attorney(s) appearing for the Case

Steven Carta of Simpson, Henderson, Savage & Carta, Fort Myers, for appellants.

Lawrence A. Farese and Cathy S. Reiman of Cummings & Lockwood, Naples, for appellee.


THREADGILL, Judge.

Banyan Corporation and Carolyn V. Smith, plaintiffs below, brought these consolidated appeals from final judgments entered in this action for division of a real estate commission. We affirm the final judgment entered in favor of Schucklat Realty, Inc. (SRI) on the claim by Ms. Smith, but reverse the involuntary dismissal against Banyan and the award of attorney's fees and costs to SRI.

We find that the evidence presented by Banyan at non...

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