Champion Map Corp. v. Chamco, Inc.

4 Citing cases

  1. First Realty Corp. v. Standard Steel

    268 So. 2d 410 (Fla. Dist. Ct. App. 1972)   Cited 17 times
    Applying the procuring cause doctrine in an action "seeking a commission from the seller on both implied contract and quantum meruit"

    Maryland Nat. Ins. Co. v. Lake Shore Growers Cooperative Ass'n, Fla. 1969, 228 So.2d 276. See also Champion Map Corporation v. Chamco, Incorporated, Fla.App. 1970, 235 So.2d 50; Walter S. Hardin Realty Co. v. Barolo, Fla.App. 1966, 198 So.2d 334; Chapman v. Tison, Fla.App. 1962, 137 So.2d 605. In the case sub judice, the appellant seeks to recover a broker's commission on the basis that as a matter of law his efforts were the "procuring cause" in the sale of the property in question; that as a matter of law the "continuous negotiations" requirement either was met or was not necessary in view of the fact that the appellant was the procuring cause for the sale.

  2. State v. West

    262 So. 2d 457 (Fla. Dist. Ct. App. 1972)   Cited 35 times

    It has been held, and it is generally accepted, that summary judgments should be entered with caution. Champion Map Corporation v. Chamco, Incorporated, Fla.App. 1970, 235 So.2d 50; Meigs v. Lear, Fla.App. 1968, 210 So.2d 479. The trial court may not try or determine factual issues in a summary judgment proceeding; nor consider either the weight of the conflicting evidence or the credibility of the witnesses in determining whether there exists a genuine issue of material facts; nor substitute itself for the trier of the fact and determine controverted issues of fact. Coquina Ridge Properties v. East West Company, Fla.App. 1971, 255 So.2d 279; Strode v. Southern Steel Construction Company, Fla.App. 1966, 188 So.2d 690; Baskin v. Griffith, Fla.App. 1961, 127 So.2d 467; Willard Homes, Inc. v. Sanders, Fla.App. 1961, 127 So.2d 696; Humphrys v. Jarrell, Fla.App. 1958, 104 So.2d 404; Jones v. Stoutenburgh, Fla. 1956, 91 So.2d 299.

  3. Loewenstein v. Safety Harbor Spa, Inc.

    260 So. 2d 893 (Fla. Dist. Ct. App. 1972)

    In addition, other potential witnesses, not yet deposed, may cast further light on the question of the alleged negligence of appellee as well as contributory negligence of appellant. Champion Map Corp. v. Chamco, Inc. (Fla.App. 1970), 235 So.2d 50, 52. Reversed and remanded.

  4. JOE'S CREEK v. LOYAL AM LIFE INS. CO

    251 So. 2d 348 (Fla. Dist. Ct. App. 1971)   Cited 2 times

    The summary judgment in favor of Loyal American must be reversed. See, e.g., Williams v. Lake City (Fla. 1953), 62 So.2d 732; Champion Map Corp. v. Chamco, Inc. (Fla.App. 1970), 235 So.2d 50; and Ramagli Realty Co. v. Speier (Fla.App. 1959), 110 So.2d 71. See ยง 627.01071(1).