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235 So. 2d 525

Macaluso v. Lipinski

District Court of Appeal of Florida · decided 1970-04-29

Cited by 1 later decisions — most recently April 1971

1 state decisions

Relies on 76 So. 2d 879 - Shuler v. Allen · Walter S. Hardin Realty Co. v. Barolo · Burbridge v. Berk

Good law ✅— No negative treatment on recordhow we know

Decided 1970-04-29

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PER CURIAM.

¶1Appellant Macaluso brought this action in the lower court to recover a broker’s commission for procuring a purchaser for property owned by appellees, based on a non-exclusive oral listing to sell the property. The lower court entered a summary judgment for appellees, finding that there was no genuine issue of material fact. We affirm.

¶2The record shows that the sale was consummated in January, 1968, on terms and price entirely different from those of the original listing as well as those of the counteroffer of the ultimate purchaser submitted by Macaluso and rejected by appellees in June, 1967. Macaluso failed to show, after the management of the property had been taken from him and placed with another broker, that appellees participated in his negotiations to sell the property or had any knowledge of the fact that such negotiations were going on. Shuler v. Allen, Fla.1955, 76 So.2d 879; Burbridge *526v. Berk, Fla.1955, 77 So.2d 785; accord Walter S. Hardin Realty Co. v. Barolo, Fla.App.1966, 198 So.2d 334.

¶3Affirmed,

PIERCE, Acting C. J., and MANN and McNULTY, JJ„ concur.
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