Herder v. Claffey

District Court of Appeal of Florida

Herder v. Claffey

407 So. 2d 333, 1981 Fla. App. LEXIS 22006

CourtDistrict Court of Appeal of Florida

DecidedDecember 15, 1981

DocketNo. 81-473

StatusPublished

This text of 407 So. 2d 333 (Herder v. Claffey) 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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Herder v. Claffey, 407 So. 2d 333, 1981 Fla. App. LEXIS 22006 (Fla. Ct. App. 1981).

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Opinion

BASKIN, Judge.

The trial court dismissed with prejudice a real estate broker’s action to obtain a commission for a property sale in accordance with the terms of an agreement between the parties. The trial court’s order of dismissal stated that a prior county court action in which the broker unsuccessfully sought to recover a commission for managing the same property precluded the later action under the doctrine of res judicata.

Because the record fails to disclose an identity of the causes of action, we reverse. Cole v. First Development Corporation of America, 339 So.2d 1130 (Fla. 2d DCA 1976).

Reversed and remanded for further proceedings.

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BASKIN, Judge.

The trial court dismissed with prejudice a real estate broker’s action to obtain a commission for a property sale in accordance with the terms of an agreement between the parties. The trial court’s order of dismissal stated that a prior county court action in which the broker unsuccessfully sought to recover a commission for managing the same property precluded the later action under the doctrine of res judicata.

Because the record fails to disclose an identity of the causes of action, we reverse. Cole v. First Development Corporation of America, 339 So.2d 1130 (Fla. 2d DCA 1976).

Reversed and remanded for further proceedings.

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407 So. 2d 333, 1981 Fla. App. LEXIS 22006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herder-v-claffey-fladistctapp-1981.

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