Midtown Realty, Inc. v. Greenwood

467 So. 2d 396, 10 Fla. L. Weekly 862, 1985 Fla. App. LEXIS 13116

Opinion

PER CURIAM.

Based on the controlling authority of Law Realty, Inc. v. Pagliarudo, 385 So.2d (Fla. 4th DCA 1980), the final judgment entered in favor of the defendant Ian Greenwood is reversed upon a holding that (1) the plaintiff broker, Midtown Realty, Inc., had “the exclusive right to obtain a purchaser for Greenwood’s restaurant,” Midtown Realty, Inc. v. Greenwood, 431 So.2d 670, 670 (Fla. 3d DCA 1983), under the brokerage agreement in question, and (2) a brokerage fee is now due and owing under the said agreement after the defendant sold his restaurant to a third party without involving the plaintiff broker. The final judgment under review is reversed and the cause is remanded to the trial court with directions to enter a final judgment for the plaintiff Midtown Realty, Inc. as prayed for in its complaint.

Reversed and remanded.