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EDWARD T. BYRD & CO., INC. v. WPSC

No. 5D10-561.

66 So.3d 979 (2011)

EDWARD T. BYRD & COMPANY, INC., Appellant, v. WPSC VENTURE I, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 5, 2011.

Attorney(s) appearing for the Case

A. Brian Phillips of A. Brian Phillips, P.A., Orlando, for Appellant.

Steven M. Fahlgren of Law Offices of Steven M. Fahlgren, P.A., Hilliard, for Appellee.

COHEN, J.

Edward T. Byrd & Company, Inc. ("Byrd"), sued WPSC Venture I ("WPSC") under theories of breach of contract and quantum meruit to recover a mortgage brokerage fee it allegedly earned for obtaining a $21 million loan commitment to refinance WPSC's existing mortgage on a shopping center. On cross-motions for summary judgment, Byrd contended that WPSC breached the contract by failing to pay the fee despite the loan's failure to close, and WPSC countered...

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