MIDTOWN REALTY, INC. v. HUSSAIN

No. 97-3455.

712 So.2d 1249 (1998)

MIDTOWN REALTY, INC. and Carlos C. Fiori, Appellants, v. Akhtar HUSSAIN and Malico, Inc., Appellees.

District Court of Appeal of Florida, Third District.

July 8, 1998.


Attorney(s) appearing for the Case

Harvey D. Rogers, Miami, for appellants.

Perez, Goran & Rodriguez and Javier J. Rodriguez, Coral Gables; Lyons & Smith, Miami, for appellees.

Before SCHWARTZ, C.J., and COPE and GODERICH, JJ.


PER CURIAM.

The plaintiffs, Midtown Realty, Inc. and Carlos C. Fiori, appeal from a final judgment of dismissal. We affirm.

On June 23, 1994, Midtown Realty, Inc. [the Realtor], entered into an Open Listing Agreement with Akhtar Hussain and Malico, Inc. [the Sellers] for the sale of a gas station at a listing price of $1.1 million. The Open Listing Agreement provided that the Realtor would receive a 5% commission associated with the sale.

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