Procuring Cause

196 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Shea v. Second Nat. Bank of Wash.
  133 F.2d 17· D.C. Cir.· 1942-11-30 ·cited 12×
  The court held that the inclusion of a condition in an acceptance, if that condition is already implied in the offer, does not invalidate the acceptance. Genuine issues of material fact existed regarding the broker's commission entitlement, making summary judgment inappropriate.
• Pensacola Fin. Co. v. Simpson
  82 Fla. 368· Fla.· 1921-11-09 ·cited 12×
  The Florida Supreme Court affirmed judgment for a real estate broker who procured a purchaser for property. The court held that when the seller made a new sale to the same purchaser with full knowledge of the broker's services and commission claim, the seller became liable for th
• Osheroff v. Rauch Weaver Millsaps & Co.
  882 So. 2d 503· Fla. 4th DCA· 2004-09-22 ·cited 11×
  Real estate brokers sued sellers and buyers for breach of listing agreement, tortious interference, and civil conspiracy after a property sale occurred without paying commissions. The Fourth District affirmed the jury verdicts on tortious interference and conspiracy claims but re
• Richard Bertram, Inc. v. Sterling Bank & Tr.
  820 So. 2d 963· Fla. 4th DCA· 2002-05-22 ·cited 11×
  An agent acting for a disclosed principal is not personally liable for the principal's debts or for tortious interference with the principal's contract, absent an express agreement or personal stake.
• Lilley v. BTM Corp.
  958 F.2d 746· 6th Cir.· 1992-03-12 ·cited 11×
  The court held that Lilley was an employee, but reversed the denial of prejudgment interest and remanded for recomputation of costs and assessment of prejudgment interest.
• Warren Hunnicutt, JR., Inc. v. Gleason
  462 So. 2d 878· Fla. 2d DCA· 1985-02-01 ·cited 10×
  The court held that the trial court erred in failing to award costs and prejudgment interest on the contract claim, but correctly dismissed the 'procuring cause' claim.
• Diaz v. Indian Head, Inc.
  686 F.2d 558· 7th Cir.· 1982-08-13 ·cited 10×
  The court held that the plaintiff's claim for post-termination commissions was barred by res judicata and, alternatively, by the unambiguous language of the employment contract which limited commissions to the period of full-time employment.
• Lirtzman v. Fuqua Indus., Inc.
  677 F.2d 548· 7th Cir.· 1982-04-29 ·cited 10×
  The court held that there were genuine issues of material fact regarding the existence of an implied contract and whether the plaintiff was the procuring cause of the transaction, which should not have been resolved by summary judgment.
• Ehrman v. Cook Elec. Co. & N. Telecom Ltd.
  630 F.2d 529· 7th Cir.· 1980-09-17 ·cited 10×
  The court held that the plaintiff presented sufficient evidence to create jury questions on the existence of an implied agreement for a finder's fee and whether he was the procuring cause of the merger, and also on the issue of damages.
• Geller v. The NEW England Indus., Inc.
  535 F.2d 1381· 2d Cir.· 1976-06-01 ·cited 10×
  The court held that a broker is entitled to a commission on the sale of real estate when they produce a ready, willing, and able buyer, even if the contract is not completed, unless the agreement specifies otherwise. However, no commission is earned on an optioned property if a c
• Robertson v. Martie Williams and Horace E. Henderson
  158 Fla. 163· Fla.· 1946-11-29 ·cited 10×
  A real estate broker's bill in equity against a purchaser for commission fails where the broker's contract was with the vendor, the full purchase price was paid directly to the vendor, and the purchaser did not agree to pay a commission.
• Foley-Carter Ins. Co., Inc. v. Commonwealth Life Ins. Co.
  128 F.2d 718· 5th Cir.· 1942-06-11 ·cited 10×
• S. Pac. Enters. v. Cornerstone Realty, Inc.
  672 So. 2d 568· Fla. 4th DCA· 1996-04-03 ·cited 9×
  This case involves a real estate broker's claim for a commission. The appellate court affirmed the trial court's finding that the broker was the "procuring cause" of the sale, entitling them to a commission, but reversed the damage award, remanding for recalculation. The court al
• Elbert v. Edwards
  497 So. 2d 269· Fla. 2d DCA· 1986-09-17 ·cited 9×
  Real estate brokers sued sellers and buyers for commission after a sale of an orange grove, claiming they were the procuring cause of the sale. The court reversed summary judgment for the brokers, holding that the brokers had not brought the parties together and the buyers and se
• Rod-Lyn Corp. v. DeBELAY
  231 So. 2d 233· Fla. 3d DCA· 1970-02-10 ·cited 9×
  Rod-Lyn Corporation appealed two consolidated cases arising from the same real estate transaction: one brought by a purchaser seeking return of a deposit, and another by a real estate broker seeking commission. The court affirmed both summary judgments against Rod-Lyn, holding th
• Plumbing Indus. Program, Inc. v. Good
  120 So. 2d 639· Fla. 3d DCA· 1960-05-26 ·cited 9×
  A real estate commission is not earned under a memorandum agreement when a new lease is executed, rather than the original lease being renewed or extended via an option, as the agreement specifically tied the commission to the exercise of the option.
• Weida v. Bacon
  102 Fla. 628· Fla.· 1931-07-29 ·cited 9×
  Real estate brokers Bacon & Fischer sued Stanley Weida for commissions on two hotel property sales in Sarasota, recovering $8,700. The Florida Supreme Court reversed, holding that the complaint failed to allege essential elements of a broker's cause of action—specifically, either
• Media Servs. Grp. v. BAY Cities Commc'ns, Inc.
  237 F.3d 1326· 11th Cir.· 2001-01-12 ·cited 8×
  Media Services Group brokered the sale of a radio station owned by Bay Cities Communications by introducing the buyer (Root Communications) to the seller, but was intentionally excluded from final negotiations. The Eleventh Circuit affirmed that Florida law recognizes unjust enri
• Wakefield v. N. Telecom, Inc.
  769 F.2d 109· 2d Cir.· 1985-08-05 ·cited 8×
  The court held that the jury instructions regarding the breach of contract claim were erroneous, requiring a new trial, and that the age discrimination claim should have been dismissed with prejudice.
• Howard v. Boner
  385 So. 2d 699· Fla. 1st DCA· 1980-06-23 ·cited 8×
  A seller is not liable for a double commission if they reasonably assume which broker was the procuring cause and pay that broker without notice of another broker's claim.
• Hourston v. Harvlan, Inc.
  457 F.2d 1105· 3d Cir.· 1972-03-28 ·cited 8×
  The court held that the trial judge abused his discretion in granting a new trial because the grounds cited were insufficient to overcome the jury's verdict.
• Kernjack v. JOE Cotton Realty Corp.
  216 So. 2d 18· Fla. 2d DCA· 1968-11-13 ·cited 8×
  A broker is not entitled to a commission when the seller withdraws from negotiations before the broker secures the buyer's acceptance of the seller's terms.
• Walter S. Hardin Realty Co., Inc. v. Barolo
  198 So. 2d 334· Fla. 2d DCA· 1966-11-02 ·cited 8×
  A real estate broker appeals a summary judgment dismissing its claim for commission on a property sale. The court reversed, holding that disputed facts regarding the broker's role as the procuring cause of the sale and the seller's knowledge of the broker's negotiations precluded
• Whitehurst v. Erstling
  184 So. 2d 233· Fla. 3d DCA· 1966-03-22 ·cited 8×
  A real estate broker appeals from dismissal of her claim for a brokerage commission on the sale of property. The trial court found the broker was not the procuring cause of the sale and that no binding contract was formed during the exclusive listing period, entitling the propert
• Richer v. Khoury Bros., Inc.
  341 F.2d 34· 7th Cir.· 1965-02-01 ·cited 8×
• Turner v. Kelly
  262 F.2d 207· 4th Cir.· 1958-12-19 ·cited 8×
  The court held that the trial court erred in its jury instructions regarding prior dealings, and that the denial of individual jury polling was discretionary but potentially improper.
• Melvin v. West
  107 So. 2d 156· Fla. 2d DCA· 1958-10-29 ·cited 8×
  A real estate broker sued a property owner for a commission allegedly earned by procuring a buyer for the owner's land. The court reversed the trial court's judgment for the broker, holding that the broker had not fulfilled the terms of his contract because another broker had exe
• In re Yellow Transit Freight Lines v. Yellow Transit Freight Lines, Inc.
  207 F.2d 602· 7th Cir.· 1953-11-04 ·cited 8×
  The court held that summary judgment was properly granted because the claimant failed to establish an agency relationship or express/implied contract for procuring capital, and the bankruptcy court had exclusive jurisdiction.
• Norwood v. Davis
  158 Fla. 352· Fla.· 1946-12-10 ·cited 8×
  Joseph Norwood, a real estate broker, sued C. Hayden Davis and other hotel owners to recover a $16,250 commission for procuring Harry Simberg as the purchaser of the Broadripple Hotel in Miami Beach. The Florida Supreme Court reversed the lower court's dismissal, holding that Nor
• Brown Paper Mill Co., Inc. v. Irvin
  134 F.2d 337· 8th Cir.· 1943-04-01 ·cited 8×
  The court held that the trial court's findings of fact and conclusions of law were inadequate and did not properly address all issues presented.
• Abel v. First Fed. Sav. & Loan Ass'n of Manatee Cnty.
  199 So. 2d 295· Fla. 2d DCA· 1967-05-19 ·cited 7×
  Abel, a real estate broker, procured a buyer (Pacetti) for a motel property owned by First Federal under a sales contract with clear terms. When the parties later disputed the contract's validity and Pacetti sought return of his deposit, the lower court found the contract void fo
• Dahly Tool Co. v. Vt. TAP & DIE Co.
  742 F.2d 311· 7th Cir.· 1984-03-02 ·cited 6×
  The court held that the appellant was not entitled to commissions on orders placed before termination but filled afterward, nor on orders placed pursuant to blanket orders negotiated near termination, as the appellant failed to allege procuring cause and neither the contract nor
• Crystal River Enters., Inc. v. Nasi, Inc.
  418 So. 2d 1038· Fla. 5th DCA· 1982-07-07 ·cited 6×
  Crystal River Enterprises appealed a judgment dismissing its claim against NASI for indemnification of a broker's commission. The court reversed, holding that Crystal River established the broker was licensed, the broker was the procuring cause of the sale despite not participati
• Holiday Homes OF ST. John, Inc. v. Lockhart
  678 F.2d 1176· 3d Cir.· 1982-05-24 ·cited 6×
  The court held that the contract did not grant Holiday Homes an exclusive right to sell, and thus Holiday was not entitled to a commission when the owners procured the buyer themselves.
• Danieli Corp. v. Bryant
  399 So. 2d 387· Fla. 4th DCA· 1981-05-27 ·cited 6×
  Danieli Corporation appeals a judgment awarding real estate brokers Bryant and Grier approximately $400,000 (10% commission) on the sale of land. The trial court found the brokers were the procuring cause of the sale and were entitled to a reasonable commission based on implied c
• Realty Marts Int'l, Inc. v. Barlow
  348 So. 2d 63· Fla. 1st DCA· 1977-07-20 ·cited 6×
  Real estate broker Realty Marts appeals a judgment in its favor being reversed by the trial court on remand, seeking a commission for services rendered in finding a purchaser. The appellate court reverses the trial court's judgment, holding that the broker is entitled to its comm
• Kerdyk v. Hammock Oaks Ests., Inc.
  342 So. 2d 833· Fla. 3d DCA· 1977-02-15 ·cited 6×
  The court held that there was competent substantial evidence to support the jury's verdict awarding the broker a commission, and the trial judge erred in granting a directed verdict for the sellers.
• Kennedy v. George Cully Real Est., Inc.
  296 So. 2d 551· Fla. 3d DCA· 1974-04-16 ·cited 6×
  A real estate broker sued defendants for tortious interference with its business relationship with a property seller after the broker introduced a potential purchaser who later lost interest, but the property was subsequently purchased by the defendants through an undisclosed tra
• Alberta Sawyer v. Hime
  109 So. 2d 193· Fla. 3d DCA· 1959-02-24 ·cited 6×
  A real estate broker is entitled to a commission when the lease is secured, even if the lessee later defaults, and the contract language regarding commission percentages is interpreted as a method of calculation, not a condition precedent tied to a specific fund.
• Green v. Armin R. Bruns
  102 So. 2d 610· Fla.· 1958-05-09 ·cited 6×
  A real estate broker appeals the dismissal of his complaint seeking a brokerage commission on the defendant's sale of property. The Florida Supreme Court affirmed the dismissal, holding that the broker failed to allege sufficient facts to establish he was the procuring cause of t
• Miller v. Moylan
  72 So. 2d 380· Fla.· 1954-05-07 ·cited 6×
  A Florida Supreme Court decision determining that a real estate broker earned his commission when he procured a ready, willing, and able purchaser, despite the seller's subsequent refusal to perform and the buyer's conditional offer contingent on FHA loan approval. The Court held
• Mercer v. Miller
  157 Fla. 78· Fla.· 1946-02-15 ·cited 6×
  A real estate broker sued the property owner for a 5% commission on a failed land sale, arguing he had performed his duties by finding a ready, willing, and able buyer despite the owner's inability to convey title due to a lease option. The Florida Supreme Court affirmed judgment
• Allen C. Ewing & Co. v. Freedle
  521 So. 2d 384· Fla. 1st DCA· 1988-03-15 ·cited 5×
  Ewing, a brokerage company, sought a 2.5% commission for introducing a prospective purchaser to appellees' bank under a May 1984 letter agreement. Although the initial contact showed no interest, appellees later revived negotiations with the same purchaser and consummated a sale.
• Sugarland Real Est., Inc. v. V.R. Beardsley
  502 So. 2d 44· Fla. 2d DCA· 1987-01-29 ·cited 5×
  A receiver for a Ponzi scheme has standing to pursue fraudulent-transfer claims on behalf of the estate, but lacks standing to pursue common-law tort claims if the corporate entity was not separate and distinct from the scheme.
• Maxwell and Reva Dauer v. Pichowski
  413 So. 2d 62· Fla. 2d DCA· 1982-03-19 ·cited 5×
  Pichowski and the Martino brothers appealed a trial court judgment awarding them a real estate brokerage commission on property that Hillsborough County acquired through condemnation proceedings. The court reversed, holding that a condemnation proceeding does not constitute a sal
• Harrell v. Bishop
  160 Fla. 3· Fla.· 1948-01-06 ·cited 5×
  A jury verdict must have a rational predicate in the record, and here, where evidence established the plaintiff broker was entitled to recover at least 5% commission on a $25,750 sale, a verdict of $250 was arbitrary and unsupported by any evidence.
• Venturvest Realty Corp. v. A.K.S.I.P. Corp.
  793 So. 2d 1054· Fla. 3d DCA· 2001-07-25 ·cited 4×
  A real estate broker appeals a judgment dismissing its claim for a brokerage commission after the seller, having terminated the broker's exclusive listing, ultimately sold the property to a buyer whom the broker had originally brought to the table. The court reversed, holding tha
• Whitehead v. Dreyer
  698 So. 2d 1278· Fla. 5th DCA· 1997-08-15 ·cited 4×
  A broker claimed entitlement to a real estate commission on the sale of an 8,500-acre ranch to Disney, but the trial court granted summary judgment against him and assessed attorney's fees against both the broker and his attorneys. The appellate court affirmed, holding that the b
• ERA Carico Real Est. Co., Inc. v. Seraphin Joseph Manfredonia
  689 So. 2d 1208· Fla. 3d DCA· 1997-03-12 ·cited 4×
  ERA Carico Real Estate Co. and Ganim Realty sought certiorari review of an appellate decision that reversed their trial court judgment for broker commissions. The Florida District Court of Appeal held that the trial court correctly found Petitioners were the procuring cause of a
• LEE Giusti Realty, Inc. v. L.D. Corp.
  603 So. 2d 39· Fla. 4th DCA· 1992-07-22 ·cited 4×
  A real estate broker appeals a trial court judgment denying him a commission on a property sale, claiming he was the procuring cause. The court affirms, finding the broker failed to meet the legal standard for procuring cause because neither the buyer nor seller knew of his invol