Roger Properties, Inc. v. Lon Worth Crow Realty Co.

District Court of Appeal of Florida

Roger Properties, Inc. v. Lon Worth Crow Realty Co.

371 So. 2d 699, 1979 Fla. App. LEXIS 15251

CourtDistrict Court of Appeal of Florida

DecidedJune 5, 1979

DocketNo. 78-1940

StatusPublished

This text of 371 So. 2d 699 (Roger Properties, Inc. v. Lon Worth Crow Realty Co.) 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

Roger Properties, Inc. v. Lon Worth Crow Realty Co., 371 So. 2d 699, 1979 Fla. App. LEXIS 15251 (Fla. Ct. App. 1979).

Pincite

Opinion

PER CURIAM.

This is an appeal from a final summary judgment ordering the appellant Koger Properties, Inc., to pay certain real estate brokerage commissions to the appellee Lon Worth Crow Realty Company. We reverse and remand for further proceedings.

In our view, there is a genuine issue of material fact as to whether “the tenant terminate[d] the subject lease” as such terms are used in the brokerage agreement [thereby terminating the brokerage commissions due thereunder] when the appellant and the tenant herein together terminated the subject lease. Stated differently, we find that an ambiguity exists in the above quoted terms of the brokerage agreement for which the taking of testimony is necessary to determine whether such terms were intended by the parties to cover the lease termination accomplished in this case. If such was the intent of the parties, no brokerage commissions are due under the brokerage agreement; if such was not so intended, the opposite is true and the brokerage commissions sought herein are due under the brokerage agreement.

The final summary judgment appealed from is reversed and the cause remanded for further proceedings in accordance with the views expressed in this opinion. Westchester Fire Insurance Co. v. In-Sink-Erator, 252 So.2d 856 (Fla. 4th DCA 1971); Commercial Trading Co. v. Zero Food Storage, Inc., 199 So.2d 109 (Fla. 3d DCA 1967).

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an appeal from a final summary judgment ordering the appellant Koger Properties, Inc., to pay certain real estate brokerage commissions to the appellee Lon Worth Crow Realty Company. We reverse and remand for further proceedings.

In our view, there is a genuine issue of material fact as to whether “the tenant terminate[d] the subject lease” as such terms are used in the brokerage agreement [thereby terminating the brokerage commissions due thereunder] when the appellant and the tenant herein together terminated the subject lease. Stated differently, we find that an ambiguity exists in the above quoted terms of the brokerage agreement for which the taking of testimony is necessary to determine whether such terms were intended by the parties to cover the lease termination accomplished in this case. If such was the intent of the parties, no brokerage commissions are due under the brokerage agreement; if such was not so intended, the opposite is true and the brokerage commissions sought herein are due under the brokerage agreement.

The final summary judgment appealed from is reversed and the cause remanded for further proceedings in accordance with the views expressed in this opinion. Westchester Fire Insurance Co. v. In-Sink-Erator, 252 So.2d 856 (Fla. 4th DCA 1971); Commercial Trading Co. v. Zero Food Storage, Inc., 199 So.2d 109 (Fla. 3d DCA 1967).

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

371 So. 2d 699, 1979 Fla. App. LEXIS 15251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roger-properties-inc-v-lon-worth-crow-realty-co-fladistctapp-1979.

Opinion

Related

Cite This Page — Counsel Stack