SHELDON GREENE & ASSOCIATES, INC., A FLORIDA CORPORATION, APPELLANT,
v.
ROZ BELFORD, APPELLEE

Fla. 3d DCA | 1989-11-07
No. 89-904
Per Curiam
552 So. 2d 1161 Florida District Court of Appeal, Third District (1989)

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Synopsis

The court affirmed a trial court's declaratory judgment awarding a 50/50 split of disputed brokerage commission between two real estate brokers, finding substantial evidence that both were procuring causes and had agreed to the split.


Holding

Both brokers were procuring causes of the sale and had agreed to a 50/50 split of the brokerage commission, which the trial court was authorized to decree.


Headnotes

[1] When two real estate brokers both serve as procuring causes of a sale and agree to split the brokerage commission, a trial court may enter a declaratory judgment awarding…

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Facts & Procedural History

Two real estate brokers, Sheldon Greene & Associates, Inc. and Roz Belford, disputed the allocation of brokerage commission from the sale of a hotel i…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal by the plaintiff Sheldon Greene & Associates, Inc., a real estate broker, from a final declaratory judgment which decreed a 50/50 split of a disputed brokerage commission fee between the plaintiff and the defendant Roz Belford, also a real estate broker, arising from the sale of a hotel in Miami Beach.

We affirm the final judgment under review upon a holding that (1) there is substantial competent evidence in this record to support the trial court’s finding that the plaintiff and defendant brokers agreed to split the disputed brokerage fee on a 50/50 basis, and that both brokers were the procuring cause of the subject sale, see Futch v. Head, 511 So. 2d 314 (Fla. 1st DCA), rev. denied, 518 So. 2d 1275 (Fla.1987); Howard v. Boner, 385 So. 2d 699 (Fla. 1st DCA 1980); J.A. Cantor & Assoc., Inc. v. Devore, 281 So. 2d 245 (Fla. 3d DCA), cert. denied, 287 So. 2d 689 (Fla.1973); and, (2) the trial court was authorized by the pleadings filed by both the plaintiff and defendant in this cause to decree the aforesaid 50/50 split in the disputed brokerage commission. See Wells v. Thorn, 361 So. 2d 785 (Fla. 4th DCA 1978); Chandler v. Chandler, 330 So. 2d 778 (Fla. 1st DCA), cert. denied, 339 So. 2d 1167 (Fla.1976).

Affirmed.


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