Keyes Co. v. Sherden

District Court of Appeal of Florida

Keyes Co. v. Sherden

442 So. 2d 427, 1983 Fla. App. LEXIS 25267

CourtDistrict Court of Appeal of Florida

DecidedDecember 21, 1983

DocketNos. 83-374, 83-769

StatusPublished

This text of 442 So. 2d 427 (Keyes Co. v. Sherden) 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.

Bluebook

Keyes Co. v. Sherden, 442 So. 2d 427, 1983 Fla. App. LEXIS 25267 (Fla. Ct. App. 1983).

Pincite

Opinion

PER CURIAM.

We affirm summary judgment on the merits. See, Harding Realty, Inc. v. Turnberry Towers Corp., 436 So.2d 983 (Fla. 3d DCA 1983).

We reverse the award of attorney fees. Appellant’s entitlement to a commission was not irrevocably tied to the buyer’s specific performance action, Randolph v. Neeley, 185 So.2d 785 (Fla. 1st DCA 1966). Also, ambiguities as to when the commission was earned required judicial construction of the contract. Appellant’s case, though unmeritorious, was not so wholly frivolous as to support an award of attorney fees pursuant to Section 57.105, Florida Statutes (1981).

AFFIRMED IN PART and REVERSED IN PART.

ANSTEAD, C.J., and DOWNEY and DELL, JJ., concur.

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