M. D. FUTCH AND KAY BEST, APPELLANTS,
v.
PHILLIP R. CONSOLO AND CELIA A. CONSOLO, HIS WIFE, APPELLEES

Fla. 3d DCA | 1969-11-04
No. 69-24
Before PEARSON, C. J., and CHARLES CARROLL and HENDRY, JJ.
227 So. 2d 736 Florida District Court of Appeal, Third District (1969) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellants were plaintiffs below, who brought this action to recover a commission, allegedly owed them by the appellees, due to the sale of real property. At trial, the court entered a directed verdict in favor of the appellees, finding that there was no issue of fact for the jury to determine and that as a matter of law, appel-lees were entitled to final judgment in their favor. We affirm the entry of directed verdict. The record on appeal shows that the broker here voluntarily abandoned his efforts to find a purchaser for the property within a reasonable time, and further, that the appellees did not interfere with the broker’s efforts.

Therefore, the final judgment being appealed is hereby affirmed. See Shuler v. Allen, Fla.1955, 76 So.2d 879.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Fla. Med. Ass'n, Inc. v. Dep't OF Prof'l Reg., 426 So. 2d 1112 (Fla. 1st DCA 1983)
    …egislative purpose in enacting this Chapter is to ensure the protection of the public health and safety.” Comparable provisions are found in Section 458.301. See, also, Florida Association of Dispensing Opticians v. Florida State Board of Optometry, 227 So. 2d 736 (Fla. 2nd DCA 1969), involving a suit by the Association seeking declaration that its members were authorized by Section 484.01, Florida Statutes (1967) to prepare and fit contact lenses, in which the court stated (Id. at 738): “We do not think anyo…
  • Fla. Ass'n OF Dispensing Opticians v. Fla. State Bd. OF Optometry, 238 So. 2d 839 (Fla. 1970)
    …icians to fit and adapt, as well as prepare and dispense, contact lenses under Fla.Stat. § 484, F.S.A. Summary final judgment was adverse to petitioner and an appeal was made to the District Court of Appeal, Third District. In a decision reported at 227 So. 2d 736, the District Court affirmed the judgment; there was one dissent. The case was subsequently certified as one passing upon a question of great public interest. [*841] Jurisdiction vests through Article V, Section 4(2), Florida Constitution, F.S.A. U…
  • Fla. Ass'n OF Dispensing Opticians v. Fla. State Bd. OF Optometry, 239 So. 2d 520 (Fla. 3d DCA 1970)
    …PER CURIAM. Whereas, the judgment of this court was entered on October 28, 1969 (227 So. 2d 736) affirming the judgment of the Circuit Court of Dade County, Florida, in the above styled cause; and [*521] Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed July 29, 1970 (23…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw