Carrigan v. McNeill

District Court of Appeal of Florida

Carrigan v. McNeill

521 So. 2d 199, 13 Fla. L. Weekly 405, 1988 Fla. App. LEXIS 528, 1988 WL 8375

CourtDistrict Court of Appeal of Florida

DecidedFebruary 11, 1988

DocketNos. 86-2092, 86-2175

StatusPublished

Cited by2 cases

This text of 521 So. 2d 199 (Carrigan v. McNeill) 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.

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Carrigan v. McNeill, 521 So. 2d 199, 13 Fla. L. Weekly 405, 1988 Fla. App. LEXIS 528, 1988 WL 8375 (Fla. Ct. App. 1988).

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Opinion

DAUKSCH, Judge.

This matter is before the court on appeal from a summary judgment in a contract action. Appellants have alleged, and there is some evidence to prove, that they, as real estate brokers, were at least the procuring cause of a real property contract and sale. The trial judge ruled there was no legally enforceable employment contract or listing agreement between the parties and we affirm that ruling as it concerns any written agreement. We also affirm the denial of the attorneys fees award. However, this matter still must be litigated to determine whether appellants are entitled to a commission on account of their having been the procuring cause of the sale. Additionally, there is some question it seems as to whether there was an implied, as opposed to express, contract between the parties. Therefore, we affirm the. summary judgment as worded and remand this matter for further proceedings.

So ordered.

ORFINGER and COBB, JJ., concur.

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DAUKSCH, Judge.

This matter is before the court on appeal from a summary judgment in a contract action. Appellants have alleged, and there is some evidence to prove, that they, as real estate brokers, were at least the procuring cause of a real property contract and sale. The trial judge ruled there was no legally enforceable employment contract or listing agreement between the parties and we affirm that ruling as it concerns any written agreement. We also affirm the denial of the attorneys fees award. However, this matter still must be litigated to determine whether appellants are entitled to a commission on account of their having been the procuring cause of the sale. Additionally, there is some question it seems as to whether there was an implied, as opposed to express, contract between the parties. Therefore, we affirm the. summary judgment as worded and remand this matter for further proceedings.

So ordered.

ORFINGER and COBB, JJ., concur.

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Bluebook (online)

521 So. 2d 199, 13 Fla. L. Weekly 405, 1988 Fla. App. LEXIS 528, 1988 WL 8375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carrigan-v-mcneill-fladistctapp-1988.

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