Procuring Cause

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

• Brisco v. Ronnie Diaz Realty Corp.
  562 So. 2d 358· Fla. 2d DCA· 1990-05-09 ·cited 4×
  A real estate broker sought commission from property sellers under an exclusive listing agreement containing a 90-day protection clause, claiming entitlement to commission when the property was sold within 90 days of the listing's expiration. The court held that the protection cl
• Gulfstar Yacht Sales, Inc. v. Bissell
  487 So. 2d 31· Fla. 4th DCA· 1986-02-05 ·cited 4×
  The court affirmed the trial court's denial of involuntary dismissal in a broker's commission dispute but reversed the denial of attorney's fees under Florida's wage statute, holding that commissions qualify as wages for purposes of fee-shifting.
• Fulton v. L & N Consultants, Inc.
  715 F.2d 1413· 10th Cir.· 1982-05-18 ·cited 4×
  The court held that parol evidence is admissible against Fulton, who was not a party to the original sales agreement.
• Moore v. SKY Realty, Inc.
  339 So. 2d 299· Fla. 3d DCA· 1976-11-23 ·cited 4×
  Court affirmed judgment for real estate broker's commission where broker procured a ready, willing, and able buyer at the listing price despite seller's subsequent rejection and withdrawal from the market.
• Hennessy v. Schmidt
  521 F.2d 1282· 7th Cir.· 1975-08-22 ·cited 4×
  The court held that the trial court erred by applying an improper and stricter standard of proof ('conclusive proof') than required ('preponderance of the evidence') and by using a real estate broker's performance test for a stock sale, thus vacating the judgment and remanding fo
• Jerome v. William A. Reid Constr. Ltd.
  307 So. 2d 248· Fla. 4th DCA· 1975-01-10 ·cited 4×
  A demand for jury trial in a complaint, placed at its conclusion without specific limitation, constitutes a valid demand for jury trial on all counts under Florida Rule 1.430(c). The trial court erred in limiting the jury trial to one count, and the dismissal and summary judgment
• Cammack v. Leonhardt
  302 So. 2d 170· Fla. 4th DCA· 1974-10-25 ·cited 4×
  Cammack appeals a summary judgment dismissing her breach of contract claim for an unpaid real estate brokerage commission. The court holds that genuine factual disputes exist regarding whether Cammack procured a ready, willing, and able buyer under an oral listing agreement, requ
• Dodge v. Flanigan
  236 So. 2d 19· Fla. 3d DCA· 1970-05-26 ·cited 4×
• Armco Steel Corp. v. Realty Inv. Co., Inc.
  273 F.2d 483· 8th Cir.· 1960-01-06 ·cited 4×
  The court held that sufficient evidence supported the jury's finding that the plaintiff was employed as a real estate broker and was the procuring cause of the defendant's purchase of the property, thus entitling the plaintiff to a commission.
• Risser v. Hirshhorn
  199 F.2d 917· 2d Cir.· 1952-11-12 ·cited 4×
  The court held that the broker presented sufficient evidence to go to the jury on her claims against both the seller and the buyer, and the trial court erred in dismissing these claims.
• Mass. Mut. Life Ins. Co. v. George & Co.
  148 F.2d 42· 8th Cir.· 1945-03-08 ·cited 4×
  The court held that the correspondence between the parties created a binding contract for brokerage services, and that the jury's finding that the plaintiff was the procuring cause of the sale was supported by sufficient evidence.
• Potomac Chem. Co., Inc. v. Chapman
  146 F.2d 664· D.C. Cir.· 1944-12-26 ·cited 4×
  A principal cannot terminate a brokerage contract in bad faith to avoid paying commissions earned through the broker's prior efforts.
• Tahir Erk v. Glenn L. Martin Co.
  143 F.2d 232· 4th Cir.· 1944-06-12 ·cited 4×
  The court held that the agent was not entitled to a commission because his efforts were not the proximate or procuring cause of the contract, and the evidence did not establish bad faith cancellation to deprive him of commissions.
• Hecht Co. v. Whiteford
  137 F.2d 929· D.C. Cir.· 1943-08-16 ·cited 4×
  The court held that the evidence was insufficient to support a finding that the real estate broker was the procuring cause of the lease, thus reversing the jury's award of a commission.
• Cameron v. Powers
  63 Fla. 108· Fla.· 1912-01-01 ·cited 4×
  The Florida Supreme Court reversed a judgment awarding commissions to a real estate broker, finding that the trial court improperly excluded evidence crucial to the defendant's defense.
• Cordis Corp. v. Baxter Healthcare Corp.
  678 So. 2d 847· Fla. 3d DCA· 1996-07-31 ·cited 3×
  Cordis Corporation sought indemnification from Baxter Healthcare under a lease indemnification clause for attorneys' fees and costs incurred defending against a broker's commission claim. The court affirmed judgment on the pleadings for Baxter, holding that the indemnification cl
• Clark v. Sherman
  452 So. 2d 952· Fla. 5th DCA· 1984-06-07 ·cited 3×
• Fort Orange Co. v. O'Neal
  138 Fla. 325· Fla.· 1939-05-30 ·cited 3×
  Fort Orange Company sued A. T. O'Neal for a real estate broker's commission for procuring lessees for the Fort Gatlin Hotel in Orlando, Florida. The jury returned a verdict for the plaintiff in the amount of $2,738.75, and the Florida Supreme Court affirmed, rejecting the defenda
• Stewart v. Manget
  136 Fla. 710· Fla.· 1939-03-17 ·cited 3×
  A real estate broker sued to recover a commission for producing a buyer for an orange grove. The trial court found insufficient evidence that the broker had secured the seller's approval of the sale terms, and the Florida Supreme Court affirmed, holding that the preliminary agree
• ACT Realty v. Rotemi Realty, Inc.
  863 So. 2d 334· Fla. 3d DCA· 2003-08-20 ·cited 2×
  ACT Realty appeals a judgment awarding real estate brokers a commission for procuring a sale of property to the Miami-Dade County School Board. The court reverses, holding that the commission agreement is void as against public policy because it conditions a contingent fee on sec
• Dawson v. Doyle Hadden
  743 So. 2d 1230· Fla. 5th DCA· 1999-11-19 ·cited 2×
  A broker is entitled to a commission if they are the procuring cause of the sale, even if the purchase is made by a substitute entity to avoid contractual obligations.
• First Fla. Realty & Auction Co., Inc. v. Peacock
  703 So. 2d 1199· Fla. 1st DCA· 1997-12-31 ·cited 2×
  A contract granting an exclusive right to sell entitles the broker to a commission if the property sells within the contract period, regardless of who made the sale or if the owner misunderstood the terms.
• Turley Martin Co. v. Gilman Paper Co.
  905 F.2d 235· 8th Cir.· 1990-06-12 ·cited 2×
  The court held that the district court did not err in submitting the quantum meruit claim to the jury, as the evidence supported the broker's efforts as the procuring cause of the sale.
• The Doran Jason Co. OF Miami, Inc. v. Nils LOU
  868 F.2d 1547· 11th Cir.· 1989-04-05 ·cited 2×
  The court held that sufficient evidence supported the jury's verdict that an oral contract existed, that the plaintiff fulfilled its obligations, and that the contract was not barred by the statute of frauds.
• Monrose, Inc. v. Baldridge
  423 So. 2d 467· Fla. 2d DCA· 1982-12-10 ·cited 2×
  Summary judgment was improper because material facts supported claims of procuring cause and inequitable conduct, which can override strict contract terms.
• Marlin v. Haynes E. Williams & Viking Cmtys. Corp.
  385 So. 2d 1030· Fla. 4th DCA· 1980-05-28 ·cited 2×
  In this real estate broker's commission dispute, the Fourth District Court of Appeal reversed a jury verdict for the broker (Williams) against Viking Communities Corp., finding that the trial judge erred by failing to recuse himself despite indicating that disqualification would
• L. C. Judd & Co., Inc. v. Joseph C. MacKey & Co. & Sonnenblick-Goldman Realty Corp.
  366 So. 2d 129· Fla. 4th DCA· 1979-01-10 ·cited 2×
  L.C. Judd & Co. appeals a judgment awarding a competitor, Sonnenblick-Goldman Realty Corp., a share of a brokerage commission. The court reverses, holding that Sonnenblick-Goldman failed to earn or establish a contractual right to participate in the commission because it misrepre
• Jerry Lampert Real Est., Inc. v. Growth Equities, Ltd.
  361 So. 2d 191· Fla. 3d DCA· 1978-07-05 ·cited 2×
  The court held that the real estate brokers were not the procuring cause of the sale and that their conspiracy claim was unsubstantiated.
• Jerry Lampert Real Est., Inc. v. Franklin
  349 So. 2d 825· Fla. 3d DCA· 1977-09-13 ·cited 2×
  Real estate brokers appealed a summary judgment entered in favor of purchasers in a dispute over a claimed brokerage commission. The brokers alleged they were the procuring cause of a sale but were defrauded through conspiracy by the purchasers and seller. The court reversed, fin
• Pine Crest Preparatory Sch., Inc. v. Phelan
  557 F.2d 407· 4th Cir.· 1977-06-28 ·cited 2×
  The court held that the trial court did not err in admitting into evidence a contract paragraph stating the purchaser would pay the broker's commission, as it was relevant and not unfairly prejudicial.
• Carlin v. Univ. Servs., Inc.
  303 So. 2d 351· Fla. 3d DCA· 1974-10-29 ·cited 2×
  Real estate brokers Carlin and Torres appealed a summary judgment denying them a brokerage commission for the sale of property listed by University Services, Inc. The court affirmed the trial court's decision, holding that the brokers failed to procure a purchaser ready, willing,
• Fiberchem, Inc. v. Gen. Plastics Corp.
  495 F.2d 737· 9th Cir.· 1974-04-09 ·cited 2×
  The court held that the majority's reliance on latent equity and Poggi was misplaced, and that the case should be remanded for findings on unjust enrichment.
• Pivar v. Moseley
  476 F.2d 113· 3d Cir.· 1973-04-10 ·cited 2×
  An agent is entitled to a commission if their efforts were the effective or procuring cause of the sale, even if they did not participate in final negotiations.
• Sol Abramson v. Gulf Coast Jewelry & Specialty Co., Inc.
  445 F.2d 802· 5th Cir.· 1971-07-06 ·cited 2×
  The court held that a broker is entitled to a commission on the sale of corporate stock even if part of the transaction involved real estate for which the broker lacked a license, provided the transactions are severable.
• Cheek v. Long
  235 So. 2d 349· Fla. 2d DCA· 1970-05-13 ·cited 2×
  Real estate brokers appealed from an order setting aside a jury verdict in their favor and entering judgment for the seller who refused to pay their commission when a sale failed to close. The court held that brokers who have notice of a property deficiency (in this case, acreage
• Deegan v. Whidden
  148 So. 2d 762· Fla. 2d DCA· 1963-01-25 ·cited 2×
  Dave Deegan II, a real estate broker, appealed a directed verdict dismissing his action for a commission on a property sale by J. E. Whidden. The court held that Deegan failed to establish he was the procuring cause of the sale or that Whidden lacked good faith in selling the pro
• Bevelheimer v. Slick Airways, Inc.
  303 F.2d 69· 2d Cir.· 1962-05-17 ·cited 2×
  The court held that the plaintiff did not render the requisite performance under the alleged joint venture agreement, thus precluding recovery.
• Murray v. Weinberg & Bush, Inc.
  293 F.2d 158· D.C. Cir.· 1961-06-15 ·cited 2×
  The court held that the findings against the agent for acting without authority were not clearly erroneous, and affirmed the judgment against him. The court also affirmed the judgment in favor of the seller and purchasers, as conceded by the broker.
• Sappington v. Town Props., Inc.
  126 So. 2d 906· Fla. 2d DCA· 1961-02-03 ·cited 2×
  The court held that a trial judge has discretion to modify a pre-trial order to prevent manifest injustice, and that the evidence was insufficient to support a claim for commission when a cooperating broker was involved and no agreement existed.
• Story v. Snyder
  184 F.2d 454· D.C. Cir.· 1950-06-12 ·cited 2×
  The dissenting judge held that the suit was not against the United States and that the District Court erred in dismissing for lack of jurisdiction, as the broker was the beneficiary of a trust for his commission.
• Berman v. Palmetto Apts. Corp.
  153 F.2d 192· 6th Cir.· 1946-02-04 ·cited 2×
  A broker who is the procuring cause of a sale, even without a court-sanctioned contract, is entitled to equitable compensation from the bankruptcy estate.
• Lowe v. Crawford
  97 Fla. 673· Fla.· 1929-04-30 ·cited 2×
  A real estate broker sued for commission after introducing a purchaser to a landowner. The Florida Supreme Court affirmed a jury verdict awarding the broker 10% commission, holding that a broker who introduces a prospective purchaser is entitled to the agreed commission even if t
• Miami Real Est. Invest, LLC v. Beini Xu
  252 So. 3d 292· Fla. 3d DCA· 2018-07-05 ·cited 1×
  Lonnie Phelps appeals his conviction and sentence for second-degree murder of his wife. The trial court imposed a 40-year sentence, departing significantly from the 12-17 year guideline range. The appellate court affirms the conviction but reverses the departure sentence, finding
• Abraham & Assocs., Inc. v. Surrey Holding Corp.
  939 So. 2d 332· Fla. 4th DCA· 2006-10-18 ·cited 1×
• McIVER v. ST. JOE Corp.
  828 So. 2d 394· Fla. 1st DCA· 2002-09-18 ·cited 1×
  A real estate broker sued St. Joe Corporation for breach of contract, seeking a 2% commission on the sale of Topsail Hill property. The circuit court granted summary judgment for St. Joe, finding no commission was due because the property was acquired by condemnation, not a volun
• Gerardeen M. Snyder as the Executrix of the Succession of Eric Snyder and Charles Keenan v. Champion Realty Corp.
  631 F.2d 1253· 5th Cir.· 1980-12-05 ·cited 1×
  Real estate brokers are not entitled to a commission under Louisiana law for unjust enrichment when the sale price did not exceed the minimum net price stipulated in the brokerage agreement, and no sale occurred under those terms.
• Gibbs v. Gibbs
  296 So. 2d 613· Fla. 1st DCA· 1974-06-25 ·cited 1×
  A real estate broker was the procuring cause of a property sale and entitled to a commission where he introduced the buyer to the seller and the sale was ultimately completed on substantially the same terms as the broker's proposed contract.
• Real Cap. P'rs, LLC v. Alhambra Ctr. Int'l, Ltd.
  390 So. 3d 241· Fla. 3d DCA· 2024-05-22
  A broker is not the procuring cause of a real estate sale when it abandons efforts to sell to a particular buyer after that buyer's offer is rejected and does not remain involved in subsequent negotiations, even if the same buyer later purchases the property through another broke
• Reel Deal Yachts, Inc. v. Smith
  S.D. Fla.· 2022-02-25
  The court held that a procuring cause claim requires a completed sale and is inapplicable when payment is based on an express contract, and that sufficient facts were alleged to pierce the corporate veil and proceed with fraudulent transfer claims against the individual defendant
• DM Yachts v. Denison Yacht Sales, Inc.
  S.D. Fla.· 2020-07-13
  The court held that genuine disputes of material fact exist regarding whether the plaintiff broker was the "procuring cause" of the yacht sale, precluding summary judgment.