COSMAN v. BEA MORLEY REAL ESTATE GROUP, INC.

No. 4D01-2287.

820 So.2d 1040 (2002)

E. Edgar COSMAN, Appellant, v. BEA MORLEY REAL ESTATE GROUP, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

July 10, 2002.


Attorney(s) appearing for the Case

Bruce Botsford of Bruce Botsford, P.A., and Cam Justice of Lawlor, Winston & Justice, P.A., Fort Lauderdale, for appellant.

John M. Mullin and Victoria L. Cook of Duke, Mullin & Galloway, P.A., Fort Lauderdale, for appellee.


STEVENSON, J.

This is an appeal from a final judgment awarding the appellee, Bea Morley Real Estate Group, Inc. (hereinafter Morley), $22,500 as a ten percent commission for the sale of real property. Appellant/seller, E. Edgar Cosman, argues that an issue of fact existed as to whether Morley orally agreed to accept payment from post-closing proceeds only, which ultimately amounted to about $3,900. We agree and reverse the final summary judgment.

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