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RIVERLAND AND INDIAN SUN v. L.J. MELODY

No. 3D03-3325.

879 So.2d 1271 (2004)

RIVERLAND AND INDIAN SUN L.C., Appellant, v. L.J. MELODY & COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

August 11, 2004.

Attorney(s) appearing for the Case

Hogan & Hartson L.L.P., and Mark R. Cheskin, Richard C. Lorenzo, and Brian L. Lerner, for appellant.

Aragon, Burlington, Weil, Schwiep, Kaplan & Blonsky, P.A., and Ronald P. Weil and Christopher N. Dawson, for appellee.

Before RAMIREZ and SHEPHERD, JJ., and BARKDULL, THOMAS H., JR., Senior Judge.

PER CURIAM.

This controversy arises out of a real estate brokerage agreement, which created a trust "res" from a portion of the purchase funds in favor of the broker at the time of closing.

The contract reads in part:

3) In the event the Owner closes a sale of the Property in accordance with the terms herein, then it shall pay to the Broker a fee.... All fees will be paid by wire transfer out of sale proceeds by the closing as a line item on the closing...

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