BRINES STRONG, JIM GRAHAM AND JIM GRAHAM, INC., APPELLANTS,
v.
COLBERT M. CHISOLM AND ELIZABETH K. CHISOLM, HIS WIFE, APPELLEES
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PER CURIAM.
This is an. appeal from a judgment granting appellants’ specific performance of a land sales contract and a broker’s commission upon specified conditions. Upon review of the record we find that there is substantial competent evidence to support the judgment of the trial court as to the conditions of the decree. Under such circumstances we are bound to uphold the court’s resolution of the factual issues resolved by the judgment. Mori v. Matsushita Elec. Corp. of America, 380 So. 2d 461 (Fla. 3d DCA 1980); Coble v. Agnew, 128 So. 2d 158 (Fla. 2d DCA 1961). We also conclude that the trial court acted properly in resolving those issues relating to the authority of the broker and the broker’s entitlement to a commission. See e.g. Whitson v. Owens, 94 Fla. 1201, 115 So. 512 (1927); Black v. Clifton, 284 So. 2d 465 (Fla. 4th DCA 1973); and Delucca v. Flamingo Corp., 121 So. 2d 803 (Fla. 3d DCA 1960).
Accordingly, the judgment of the trial court is affirmed.
DOWNEY, ANSTEAD and GLICK-STEIN, JJ., concur.
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Ocean Dunes of Hutchinson Island Dev. Corp. v. Colangelo, 463 So. 2d 437 (Fla. 4th DCA 1985)…72 So. 2d 203 (Fla. 4th DCA 1973). Absent any specific contractual restriction, a trial court has the authority, under certain circumstances, to order specific performance of a contract as requested by the victim of a breach. See Strong v. Chisolm, 422 So. 2d 974 (Fla. 4th DCA 1982); Home America, Inc. v. Atkinson, 392 So. 2d 268 (Fla. 2d DCA 1980); Black v. Clifton, 284 So. 2d 465 (Fla. 4th DCA 1973); Northwestern National Insurance Company v. Greenspun, 330 So. 2d 561 (Fla. 3d DCA 1976); Black v. Frank, 17…
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NCNB Nat'l Bank OF Fla. v. The AETNA Cas. & Sur. Co., 477 So. 2d 579 (Fla. 4th DCA 1985)…ort a finding that the notice was untimely. Since the trial court made no specific findings of fact in the final judgment, this court must accept the facts to be those shown by that evidence most favorable to the prevailing party. Strong v. Chisolm, 422 So. 2d 974 (Fla. 4th DCA 1982); Coble v. Agnew, 128 So. 2d 158 (Fla. 2d DCA 1961). In any event, the judgment appealed from is adequately supported by our holding that the uncollected funds exclusion is applicable, unfettered by the exception argued by NCNB.…
Authorities Cited
- Lippman v. Longergan, 380 So. 2d 461 (Fla. 1st DCA 1980)
- Black v. Clifton, 284 So. 2d 465 (Fla. 4th DCA 1973)
- Coble v. Agnew, 128 So. 2d 158 (Fla. 2d DCA 1961)
- Whitson v. Owens, 94 Fla. 1201 (Fla. 1928)
- DE Lucca v. Flamingo Corp., 121 So. 2d 803 (Fla. 3d DCA 1960)