THE KEYES CO., A FLORIDA CORPORATION, APPELLANT,
v.
ROBERT J. FEWELL COMPANY, INC., A FLORIDA CORPORATION, ET AL., APPELLEES

Fla. 3d DCA | 1974-03-07
No. 73-652
Per Curiam
291 So. 2d 31 Florida District Court of Appeal, Third District (1974) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Florida appellate court affirmed judgment for real estate brokers against defendant for intentional interference with contractual relations resulting in loss of earned commission.


Holding

Intentional and unjustifiable interference with a contractual relationship between real estate brokers and a property owner, causing withdrawal of the property from the market and loss of commission, constitutes actionable tortious interference.


Headnotes

[1] Tortious interference with contract requires proof of an intentional and unjustifiable interference with a contractual relationship that causes damages to the non-interfe…

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Real estate brokers Fewell Company and Renard had a contractual relationship with a property owner to sell property. The defendant intentionally inter…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellees, Robert J. Fewell Company and Sally B. Renard, who are real estate brokers, received a jury verdict and a final judgment against the defendant-appellant upon the brokers’ claim that the defendant intentionally and unjustifiably interfered with their contractual relationship with an owner of property, causing the owner to withdraw his property from the market whereby the plaintiffs were deprived of an earned commission. The elements necessary for the establishment of such a case have been previously dealt with by courts of this State. See Dade Enterprises, Inc. v. Wometco Theatres, Inc., 119 Fla. 70, 160 So. 209 (1935); Retzky v. J. A. Cantor Associates, Inc., Fla.App. 1966, 192 So. 2d 24; Mead Corporation v. Mason, Fla.App. 1966, 191 So. 2d 592; John B. Reid & Associates, Inc. v. Jimenez, Fla.App.1965, 181 So. 2d 575.

Appellant has argued factual considerations in this court. The first point questions the sufficiency of the evidence for the giving of certain instructions by the court. The second point argues the sufficiency of the allegations of the complaint and the evidence as a whole to support the judgment. We have reviewed the record in the light of these points and find that no reversible error is presented.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • United Yacht Brokers, Inc. v. Gillespie, 377 So. 2d 668 (Fla. 1979)
    …rt to use it as a shield to limit their liability for tortious interference, a practice to which brokers of all types are peculiarly susceptible. See generally Sutton v. Stewart, 358 So. 2d 119 (Fla. 1st DCA 1978); Keyes Co. v. Robert J. Fewell Co., 291 So. 2d 31 (Fla. 3d DCA), cert. denied 302 So. 2d 415 (Fla.1974); Mead Corp. v. Mason, 191 So. 2d 592 (Fla. 3d DCA 1966), cert. denied 200 So. 2d 813 (Fla. 1967). We hold, therefore, that the trial court must be reversed from granting a summary judgment in fa…
  • The Keyes Co. v. Robert J. Fewell Co., Inc., 302 So. 2d 415 (Fla. 1974)
    …Certiorari denied. 291 So. 2d 31. ADKINS, C. J., and ROBERTS, ERVIN, BOYD, and OVERTON, JJ., concur.…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw