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TURGMAN v. MM WORLD ENTERTAINMENT, LLC

No. 3D09-44.

21 So.3d 104 (2009)

Haim TURGMAN, Appellant, v. MM WORLD ENTERTAINMENT, LLC, et al., Appellees.

District Court of Appeal of Florida, Third District.

October 21, 2009.

Attorney(s) appearing for the Case

Gary Silberman, Coconut Grove, for appellant.

Fine & Licitra and Edward A. Licitra, Coral Gables; Peter Mayas, Miramar, for appellees.

Before COPE and GERSTEN, JJ., and SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

This is an appeal by the seller from an adverse summary judgment in favor of a real estate broker in an action for a commission which was deemed earned as a matter of law notwithstanding that (1) the deal did not close and (2) the commission agreement — prepared by the broker himself — provided that

[i]n case of transaction will be realized between Prospective Seller and Prospective Purchaser, Agent will be entitled...

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