Gamel v. Manesiotis

District Court of Appeal of Florida

Gamel v. Manesiotis

526 So. 2d 86, 12 Fla. L. Weekly 2345, 1987 Fla. App. LEXIS 10445, 1987 WL 716

CourtDistrict Court of Appeal of Florida

DecidedSeptember 30, 1987

DocketNo. 4-86-2177

StatusPublished

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This text of 526 So. 2d 86 (Gamel v. Manesiotis) 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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Gamel v. Manesiotis, 526 So. 2d 86, 12 Fla. L. Weekly 2345, 1987 Fla. App. LEXIS 10445, 1987 WL 716 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

This is an appeal from a final judgment against the buyer of the Hollywood Bible College site in Hollywood for tortious interference with the contract a real estate broker had with the listing broker. We affirm. Upon the issue of liability, there is substantial competent evidence in the record of each of the five elements which constitute the tort; namely, (1) existence of the contract, (2) the wrongdoer’s knowledge that there exists such contract, (3) the wrongdoer’s intentional procurement of the breach, (4) lack of justification and (5) damages resulting for the plaintiff. See Tamiami Trail Tours, Inc. v. Cotton, 463 So.2d 1126 (Fla.1985). We further conclude the delay in entry of the final judgment by the trial court, in this case, does not warrant reversal.

Upon the issue of damages, the listing broker — also a defendant against which a judgment was obtained by appellee here and not appealed — actually received as a result of negotiations to which appellee was not a party nor privy only $176,667. However, we confirm the much greater award of $480,000 based on the tort, against the listing broker and buyer, because there is substantial competent evidence to support the trial court’s conclusion that the oral agreement between the listing broker and Manesiotis was that the latter, for procuring the buyer, would get half of 6% of the selling price, as distinguished from half of whatever commission the listing broker got.

GLICKSTEIN and STONE, JJ., and BLOOM, PHILIP, Associate Judge, concur.

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PER CURIAM.

This is an appeal from a final judgment against the buyer of the Hollywood Bible College site in Hollywood for tortious interference with the contract a real estate broker had with the listing broker. We affirm. Upon the issue of liability, there is substantial competent evidence in the record of each of the five elements which constitute the tort; namely, (1) existence of the contract, (2) the wrongdoer’s knowledge that there exists such contract, (3) the wrongdoer’s intentional procurement of the breach, (4) lack of justification and (5) damages resulting for the plaintiff. See Tamiami Trail Tours, Inc. v. Cotton, 463 So.2d 1126 (Fla.1985). We further conclude the delay in entry of the final judgment by the trial court, in this case, does not warrant reversal.

Upon the issue of damages, the listing broker — also a defendant against which a judgment was obtained by appellee here and not appealed — actually received as a result of negotiations to which appellee was not a party nor privy only $176,667. However, we confirm the much greater award of $480,000 based on the tort, against the listing broker and buyer, because there is substantial competent evidence to support the trial court’s conclusion that the oral agreement between the listing broker and Manesiotis was that the latter, for procuring the buyer, would get half of 6% of the selling price, as distinguished from half of whatever commission the listing broker got.

GLICKSTEIN and STONE, JJ., and BLOOM, PHILIP, Associate Judge, concur.

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526 So. 2d 86, 12 Fla. L. Weekly 2345, 1987 Fla. App. LEXIS 10445, 1987 WL 716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gamel-v-manesiotis-fladistctapp-1987.

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