Bryan v. Justice

District Court of Appeal of Florida

Bryan v. Justice

287 So. 2d 331, 1973 Fla. App. LEXIS 6169

CourtDistrict Court of Appeal of Florida

DecidedNovember 27, 1973

DocketNo. 72-1517

StatusPublished

This text of 287 So. 2d 331 (Bryan v. Justice) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bryan v. Justice, 287 So. 2d 331, 1973 Fla. App. LEXIS 6169 (Fla. Ct. App. 1973).

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Opinion

PER CURIAM.

Defendant-appellant appeals a $9,375 judgment entered in favor of plaintiff-ap-pellee as a brokerage commission.

This cause being before this court for a second time, a recitation of the facts is not necessary. See Bryan v. Justice, Fla.App. 1971, 247 So.2d 340.

Upon remand, the trial judge held further proceedings in accordance with our opinion in Bryan v. Justice, supra, and after having heard the testimony of the parties and their witnesses found that (1) the broker and the salesman did not have knowledge of the seller’s inability to deliver good title because of his wife’s refusal to join in the employment listing, and (2) the purchaser who signed the deposit receipt agreement was able to purchase the property. Thereupon, the trial judge awarded the sum of $9,357 to the plaintiff, plus interest and costs. The defendant appealed therefrom and alleges that the court erred in its findings.

In essence, appellant simply is attempting to reverse the trial judge on his findings of fact. Where there is ample evidence as in the case sub judice to support the findings of the trial court, this court will not disturb them. See 2 Fla.Jur. Appeals § 346 (1963) and cases cited therein.

Accordingly, the judgment must be and hereby is affirmed.

Affirmed.

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PER CURIAM.

Defendant-appellant appeals a $9,375 judgment entered in favor of plaintiff-ap-pellee as a brokerage commission.

This cause being before this court for a second time, a recitation of the facts is not necessary. See Bryan v. Justice, Fla.App. 1971, 247 So.2d 340.

Upon remand, the trial judge held further proceedings in accordance with our opinion in Bryan v. Justice, supra, and after having heard the testimony of the parties and their witnesses found that (1) the broker and the salesman did not have knowledge of the seller’s inability to deliver good title because of his wife’s refusal to join in the employment listing, and (2) the purchaser who signed the deposit receipt agreement was able to purchase the property. Thereupon, the trial judge awarded the sum of $9,357 to the plaintiff, plus interest and costs. The defendant appealed therefrom and alleges that the court erred in its findings.

In essence, appellant simply is attempting to reverse the trial judge on his findings of fact. Where there is ample evidence as in the case sub judice to support the findings of the trial court, this court will not disturb them. See 2 Fla.Jur. Appeals § 346 (1963) and cases cited therein.

Accordingly, the judgment must be and hereby is affirmed.

Affirmed.

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287 So. 2d 331, 1973 Fla. App. LEXIS 6169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryan-v-justice-fladistctapp-1973.

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