FIRST NATIONAL BANK OF POMPANO BEACH, EXECUTOR OF ESTATE OF E. CHARLES CONWAY, DECEASED, ET AL., APPELLANTS,
v.
JOSEPH C. MACKEY & COMPANY, APPELLEE; BATTLE, INC., REAL ESTATE, A FLORIDA CORPORATION, APPELLANT, V. FIRST NATIONAL BANK OF POMPANO BEACH, EXECUTOR OF ESTATE OF E. CHARLES CONWAY, DECEASED, APPELLEE
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The court held that it was error to enter judgment against two corporate defendants and error to omit interest on the debt. The judgment in favor of one broker was reversed and remanded, while the judgment for the other broker was affirmed.
Two brokers sued for real estate commissions from the same transaction. One broker, Joseph C. Mackey & Company, was awarded a commission, and the defe…
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PER CURIAM.
Two suits, each seeking a real estate commission arising out of the same transaction, were consolidated for non jury trial. Broker-Joseph C. Mackey & Company was awarded the commission and the several defendants in that case have appealed (our Case No. 74-423). The unsuccessful broker, Battle, Inc., Real Estate, has filed a separate appeal (our Case No. 74-425). The appeals were consolidated.
Only two points raised on the consolidated appeals have merit. The judgment in favor of Joseph C. Maokey & Company was against E. Charles Conway, Fairbanks Plaza, Inc., Gardens By The Sea Land Company and Gardens By The Sea Development Corp., jointly and severally. It was error to enter judgment against Gardens By The Sea Land Company and Gardens By The Sea Development Corp. as there is no basis in the record upon which these two defendants are shown to be legally liable to Joseph C. Mackey & Company for commission on the transaction involving land beneficially owned by E. Charles Conway, title to which was held by Fairbanks Plaza, Inc. It was also error to omit, as part of the plaintiffs’ damages, interest on the debt from the date the same was due.
The judgment in Case No. 74-423 is reversed and the cause remanded for entry of a new judgment in favor of Joseph C. Mackey & Company consistent with the views herein expressed. The judgment in Case No. 74 — 425 is affirmed.
AFFIRMED in part, REVERSED in part, and REMANDED.
WALDEN, C. J., and OWEN and DOW-NEY, JJ., concur.
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Lerner v. Regency Homes, Inc., 745 So. 2d 552 (Fla. 4th DCA 1999)…Argonaut Ins. Co. v. May Plumbing Co., 474 So. 2d 212, 215 (Fla.1985); see also Diversified Commercial Developers, Inc. v. Formrite, Inc., 450 So. 2d 533, 535-36 (Fla. 4th DCA 1984). In First National Bank of Pompano Beach v. Joseph C. Mackey & Co., 330 So. 2d 39 (Fla. 4th DCA 1976), this court found that it was error to omit, as part of the plaintiffs damages, interest on the debt from the date it was due. Id. at 40. As stated in Argonaut, “[p]laintiff is to be made whole from the date of the loss once a fi…