COMREAL MIAMI, INC., APPELLANT,
v.
HATARI IMPORTS, INC., JOHN LUDWIG AND CARTER HOPKINS, APPELLEES
PER CURIAM.
Comreal Miami, Inc., appeals from a final judgment denying recovery in an action for a real estate commission. We affirm.
At trial, the dispute between Comreal and Hatari focused on two questions. The first question was whether the brokerage contract was an exclusive right to sale agreement; the second was whether the agreement had been terminated. The court instructed the jury on both issues. Without objection from either party, a general verdict form was submitted to the jury. The jury found for the defendant, and the court entered judgment in accordance with the verdict. Based on the “two issue” rule, we affirm. Whitman v. Castlewood Int’l Corp., 383 So. 2d 618 (Fla.1980); Colonial Stores, Inc. v. Scarbrough, 355 So. 2d 1181 (Fla.1977). “In the absence of an objection to the use of the general verdict, the ‘two issue’ rule dictates that reversal would be improper because appellant is unable to demonstrate prejudice.” Pfister v. Parkway Gen. Hosp., Inc., 405 So. 2d 1011 (Fla. 3d DCA 1981), rev. denied, 413 So. 2d 876 (Fla.1982).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Roger v. Barth, 705 So. 2d 72 (Fla. 3d DCA 1997)…oper where no error is found as to one of two issues submitted to the jury on the basis that the appellant is unable to demonstrate prejudice. Whitman v. Castlewood Int'l Corp., 383 So. 2d 618 (Fla.1980); Comreal Miami, Inc. v. Hatari Imports, Inc., 559 So. 2d 1175 (Fla. 3d DCA 1990); Pfister v. Parkway Gen. Hosp., Inc., [*74-76] 405 So. 2d 1011 (Fla. 3d DCA 1981), review denied, 413 So. 2d 876 (Fla.1982). The plaintiffs remaining point lacks merit. Affirmed, in part; reversed, in part, and remanded for f…
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Nat'l Enters., Inc. v. Vinas, 735 So. 2d 558 (Fla. 3d DCA 1999)…iñas succeeded in proving his defenses. In the absence of an objection on National’s part, the two-issue rule dictates that reversal would be improper since National is unable to demonstrate prejudice. See Comreal Miami, Inc. v. Halan Imports, Inc., 559 So. 2d 1175, 1175 (Fla. 3d DCA 1990); Pfister v. Parkway Gen. Hosp., Inc., 405 So. 2d 1011, 1012 (Fla. 3d DCA 1981). See also Whitman v. Castlewood Int’l Corp., 383 So. 2d [*560] 618 (Fla.1980); Colonial Stores, Inc. v. Scarbrough, 355 So. 2d 1181 (Fla.1977).…
Authorities Cited
- Colonial Stores, Inc. v. Doyle Wayne Scarbrough, 355 So. 2d 1181 (Fla. 1977)
- Whitman v. Castlewood Int'l Corp., 383 So. 2d 618 (Fla. 1980)
- N. Am. Life & Cas. Co. v. Satenig Balikian, 405 So. 2d 1011 (Fla. 3d DCA 1981)
- Emil Pfister and Grace Pfister v. Parkway Gen. Hosp., Inc., 405 So. 2d 1011 (Fla. 3d DCA 1981)