THE KEYES COMPANY, A FLORIDA CORPORATION, APPELLANT,
v.
ARTHUR F. SHERDEN AND MARY E. SHERDEN, INDIVIDUALLY AND AS CO-PARTNERS, SHERDEN REALTY ASSOCIATES, A PARTNERSHIP, THOMAS H. THURLOW, SR., JANE B. THURLOW, THOMAS H. THURLOW, JR., AND SANDRA THURLOW, APPELLEES
THE KEYES COMPANY, A FLORIDA CORPORATION, APPELLANT,
ARTHUR F. SHERDEN AND MARY E. SHERDEN, INDIVIDUALLY AND AS CO-PARTNERS, SHERDEN REALTY ASSOCIATES, A PARTNERSHIP, THOMAS H. THURLOW, SR., JANE B. THURLOW, THOMAS H. THURLOW, JR., AND SANDRA THURLOW, APPELLEES
442 So. 2d 427
Florida District Court of Appeal, Fourth District (1983)
Negative Treatment
Cited by 2 cases
Opinion of the Court
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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Authorities Cited
- Harding Realty, Inc. v. Turnberry Towers Corp., 436 So. 2d 983 (Fla. 3d DCA 1983)
- Randolph v. Neeley, 185 So. 2d 785 (Fla. 1st DCA 1966)