BURCHFIELD v. REALTY EXECUTIVES

No. 5D06-4416.

971 So.2d 138 (2007)

Denise BURCHFIELD and Robert Burchfield, Appellant, v. REALTY EXECUTIVES, et al., Appellee.

District Court of Appeal of Florida, Fifth District.

November 30, 2007.


Attorney(s) appearing for the Case

Scott E. Zimmer of Mancuso, Zimmer & Howell, P.A., Tampa, for Appellant.

Timothy C. Schuler and Lynn A. Brauer of Law Office of Timothy C. Schuler, Seminole, for Appellee.


LAWSON, J.

Denise and Robert Burchfield appeal the final summary judgment entered in favor of Realty Executives on the Burchfield's claim for breach of fiduciary duty. We affirm.

This case presents two narrow issues of statutory construction involving section 475.278, Florida Statutes. Enacted in 1997, this statute creates a presumption that all Florida real estate licensees "are operating as transaction brokers unless a single agent or no brokerage relationship...

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