Opinion
No. BK-425.
February 24, 1987. Rehearing Denied April 16, 1987.
Appeal from the Circuit Court, for Duval County, Ellis T. Fernandez, Jr., J.
Tyrie A. Boyer of Boyer, Tanzler Boyer, Jacksonville, for appellants.
Frederick R. Brock of Gartner and Phillips, Jacksonville, for appellee.
This cause is before us on appeal from a final judgment entered pursuant to a directed verdict in favor of the plaintiff below (First Realty Services, Inc.) regarding an exclusive right to sale clause in a real estate contract. We reverse.
If there is room for difference among reasonable men as to existence of a material fact sought to be established or as to a material inference which reasonably might be drawn from established facts, the case should be submitted to the jury. Miami Coin-O-Wash, Inc. v. McGough, 195 So.2d 227 (Fla. 3d DCA 1967).
Upon review of the record, we find that the ambiguous testimony of Mr. Halbert (defendant below) would support a jury finding that the real estate contract had been modified such that a nonexclusive right to sale existed.
Accordingly, we reverse and remand for a new trial.
WENTWORTH and ZEHMER, JJ., and J. LEWIS HALL, Jr., Associate Judge, concur.