From Casetext: Smarter Legal Research

Abraham v. Surrey Holding Corp.

District Court of Appeal of Florida, Fourth District
Oct 18, 2006
939 So. 2d 332 (Fla. Dist. Ct. App. 2006)

Opinion

No. 4D05-4825.

October 18, 2006.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; J.

David S. Chalet and Jed L. Frankel of Eisinger Brown Lewis Frankel, P.A., Hollywood, for appellant.

John H. Pelzer and Brigid F. Cech of Ruden, McClosky, Smith, Schuster Russell, P.A., Fort Lauderdale, for appellee Surrey Holding Corp., a Florida corporation.

Roger Barry Davis of Law Offices of Roger Barry Davis, Hollywood, for appellees Silveri Leasing Inc., a Florida corporation, and Mike Silveri.


Appellant, Abraham Associates, Inc., appeals from the trial court's dismissal with prejudice of its five-count Third Amended Complaint. Abraham, a licensed real estate broker, alleges that it brought together the seller, Surrey Holding Corporation, and the buyers, Silveri Leasing, Inc. and Mike Silveri, who went through with the sale and purchase of Surrey's property without Abraham's knowledge. The causes of action asserted by Abraham are (1) procuring cause, (2) breach of an oral listing agreement, (3) breach of a completely performed unilateral offer, (4) unjust enrichment, and (5) tortious interference with a business relationship.

This court reviews an order granting a motion to dismiss de novo. We find that the trial court erred in dismissing the complaint because the allegations made are sufficient to state a cause of action in each count.

Reversed and Remanded for Further Proceedings.

STONE, SHAHOOD and HAZOURI, JJ., concur.


Summaries of

Abraham v. Surrey Holding Corp.

District Court of Appeal of Florida, Fourth District
Oct 18, 2006
939 So. 2d 332 (Fla. Dist. Ct. App. 2006)
Case details for

Abraham v. Surrey Holding Corp.

Case Details

Full title:ABRAHAM ASSOCIATES, INC., Appellant, v. SURREY HOLDING CORP., a Florida…

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 18, 2006

Citations

939 So. 2d 332 (Fla. Dist. Ct. App. 2006)

Citing Cases

Kellerman v. The Bd. of Trs. of City of Hollywood Firefighters' Pension Sys.

"This court reviews an order granting a motion to dismiss de novo ." Abraham & Assocs., Inc. v. Surrey…