Higgenbotham Realty, Inc. v. Brock

District Court of Appeal of Florida

Higgenbotham Realty, Inc. v. Brock

395 So. 2d 642, 1981 Fla. App. LEXIS 18957

CourtDistrict Court of Appeal of Florida

DecidedMarch 25, 1981

DocketNo. 80-1654

StatusPublished

This text of 395 So. 2d 642 (Higgenbotham Realty, Inc. v. Brock) 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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Higgenbotham Realty, Inc. v. Brock, 395 So. 2d 642, 1981 Fla. App. LEXIS 18957 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

In a nonjury trial the court awarded Clifton Brock, a registered real estate broker, $67,500 as a commission in connectiqn with sale of a ranch for $675,000. Although Brock did not conclude the sale, the trial court found that he was the procuring cause and that the equitable owners of the property had agreed to pay him a ten percent commission if he effected a sale. See Fearick v. Smugglers Cove, Inc., 379 So.2d 400 (Fla.2d DCA 1980). Higgenbotham Realty, Inc., and Martin Higgenbotham contend the trial court erred in entering judgment for Brock. There was conflicting evidence; however, substantial competent evidence supports the trial court’s finding that Brock was the procuring cause of the sale. Appellants’ other contentions are without merit.

Brock cross-appeals the court’s failure to include prejudgment interest in its award. Since this was a contract action involving a liquidated sum, that is, ten percent of the sale price, the court should have awarded Brock prejudgment interest. Kennedy v. George Cully Real Estate, Inc., 336 So.2d 484 (Fla.3d DCA 1976). See Town of Longboat Key v. Carl E. Widell & Son, 362 So.2d 719 (Fla.2d DCA 1978).

Affirmed in part, reversed in part and remanded for entry of an amended judgment to include prejudgment interest.

SCHEB, C. J., and HOBSON and RYDER, JJ., concur.

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PER CURIAM.

In a nonjury trial the court awarded Clifton Brock, a registered real estate broker, $67,500 as a commission in connectiqn with sale of a ranch for $675,000. Although Brock did not conclude the sale, the trial court found that he was the procuring cause and that the equitable owners of the property had agreed to pay him a ten percent commission if he effected a sale. See Fearick v. Smugglers Cove, Inc., 379 So.2d 400 (Fla.2d DCA 1980). Higgenbotham Realty, Inc., and Martin Higgenbotham contend the trial court erred in entering judgment for Brock. There was conflicting evidence; however, substantial competent evidence supports the trial court’s finding that Brock was the procuring cause of the sale. Appellants’ other contentions are without merit.

Brock cross-appeals the court’s failure to include prejudgment interest in its award. Since this was a contract action involving a liquidated sum, that is, ten percent of the sale price, the court should have awarded Brock prejudgment interest. Kennedy v. George Cully Real Estate, Inc., 336 So.2d 484 (Fla.3d DCA 1976). See Town of Longboat Key v. Carl E. Widell & Son, 362 So.2d 719 (Fla.2d DCA 1978).

Affirmed in part, reversed in part and remanded for entry of an amended judgment to include prejudgment interest.

SCHEB, C. J., and HOBSON and RYDER, JJ., concur.

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395 So. 2d 642, 1981 Fla. App. LEXIS 18957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/higgenbotham-realty-inc-v-brock-fladistctapp-1981.

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