Era Newman-Greenstein Real Estate Co. v. Kapelow

District Court of Appeal of Florida

Era Newman-Greenstein Real Estate Co. v. Kapelow

521 So. 2d 315, 13 Fla. L. Weekly 622, 1988 Fla. App. LEXIS 894, 1988 WL 18603

CourtDistrict Court of Appeal of Florida

DecidedMarch 8, 1988

DocketNo. 87-1584

StatusPublished

This text of 521 So. 2d 315 (Era Newman-Greenstein Real Estate Co. v. Kapelow) 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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Era Newman-Greenstein Real Estate Co. v. Kapelow, 521 So. 2d 315, 13 Fla. L. Weekly 622, 1988 Fla. App. LEXIS 894, 1988 WL 18603 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

We reverse the summary judgment entered in favor of Paul Kapelow and Kendall Walk Townhomes, Inc. which denied the appellants’ claim for a real estate brokerage commission. Finding that a genuine issue of material fact exists as to whether the appellants procured a buyer ready, willing, and able to purchase the property as required under the oral listing agreement with Kendall Walk Townhomes, Inc., we hold that summary judgment was improper. Schmalzried v. Findley, 394 So.2d 436 (Fla. 3d DCA), review denied, 402 So.2d 609 (Fla.1981).

Accordingly, the order granting summary judgment is affirmed in part, and reversed in part, and remanded to the trial court for proceedings consistent with our holding.

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PER CURIAM.

We reverse the summary judgment entered in favor of Paul Kapelow and Kendall Walk Townhomes, Inc. which denied the appellants’ claim for a real estate brokerage commission. Finding that a genuine issue of material fact exists as to whether the appellants procured a buyer ready, willing, and able to purchase the property as required under the oral listing agreement with Kendall Walk Townhomes, Inc., we hold that summary judgment was improper. Schmalzried v. Findley, 394 So.2d 436 (Fla. 3d DCA), review denied, 402 So.2d 609 (Fla.1981).

Accordingly, the order granting summary judgment is affirmed in part, and reversed in part, and remanded to the trial court for proceedings consistent with our holding.

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521 So. 2d 315, 13 Fla. L. Weekly 622, 1988 Fla. App. LEXIS 894, 1988 WL 18603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/era-newman-greenstein-real-estate-co-v-kapelow-fladistctapp-1988.

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