Comreal Miami, Inc. v. Hatari Imports, Inc.

• Decision Date: 06 February 1990
• Docket Number: No. 89-1182,89-1182
• Citation: 559 So.2d 1175
• Court: Florida District Court of Appeals
• Parties: 15 Fla. L. Weekly D358 COMREAL MIAMI, INC., Appellant, v. HATARI IMPORTS, INC., John Ludwig and Carter Hopkins, Appellees.

Page 1175

559 So.2d 1175

15 Fla. L. Weekly D358

COMREAL MIAMI, INC., Appellant, v.HATARI IMPORTS, INC., John Ludwig and Carter Hopkins, Appellees.

No. 89-1182.

District Court of Appeal of Florida Third District.

Feb. 6, 1990.

Rehearing Denied May 21, 1990.

An Appeal from the Circuit Court for Dade County; Mario P. Goderich, Judge.

Frates Bienstock & Sheehe and Patrick Patrissi, Miami, for appellant.

Dubbin, Berkman, Garber & Bloom and Barry L. Garber, Miami, for appellees.

Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ.

PER CURIAM.

Comreal Miami, Inc., appeals from a final judgment denying recovery in an action for a real estate commission.We affirm.

At trial, the dispute between Comreal and Hatari focused on two questions.The first question was whether the brokerage contract was an exclusive right to sale agreement; the second was whether the agreement had been terminated.The court instructed the jury on both issues.Without objection from either party, a general verdict form was submitted to the jury.The jury found for the defendant, and the court entered judgment in accordance with the verdict.Based on the "two issue" rule, we affirm.Whitman v. Castlewood Int'l Corp., 383 So.2d 618(Fla.1980);Colonial Stores, Inc. v. Scarbrough, 355 So.2d 1181(Fla.1977)."In the absence of an objection to the use of the general verdict, the 'two issue' rule dictates that reversal would be improper because appellant is unable to demonstrate prejudice."Pfister v. Parkway Gen. Hosp., Inc., 405 So.2d 1011(Fla. 3d DCA1981)...