Summary
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 plaintiff's damages, interest on the debt from the date it was due.
Summary of this case from Lerner v. Regency HomesOpinion
Nos. 74-423, 74-425.
April 2, 1976.
Appeal from the Circuit Court, Broward County, George Richardson, Jr., J.
James W. Geiger, of Devitt, Geiger, O'Neal Booth, Fort Lauderdale, for appellants/appellee, First Nat. Bank of Pompano Beach, Executor of Estate of E. Charles Conway, deceased, Fairbanks Plaza, Inc., Gardens By The Sea Land Co. and Gardens By The Sea Development Corp.
Bryson K. Lovejoy, Law Offices of George L. Moxon, Fort Lauderdale, for appellant, Battle, Inc., Real Estate.
Carl Schuster, of Ruden, Barnett, McClosky, Schuster Schmerer, Fort Lauderdale, for appellee, Joseph C. Mackey Co.
Two suits, each seeking a real estate commission arising out of the same transaction, were consolidated for nonjury 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. Mackey 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 DOWNEY, JJ., concur.