Dixson v. Kattel
| Decision Date | 22 April 1975 |
| Docket Number | No. 74--499,74--499 |
| Citation | 311 So.2d 827 |
| Parties | Joseph I. DIXSON and Lolita Dixson, Appellants, v. Edward B. KATTEL, Appellee. |
| Court | Florida District Court of Appeals |
Jepeway, Gassen & Jepeway, Miami, Joe Unger, Miami Beach, for appellants.
Spieler & Tendrich, Miami, for appellee.
Before BARKDULL, C.J., and HAVERFIELD and HATHAN, JJ.
Joseph I. Dixson and Lolita Dixson, defendants, appeal a final judgment in favor of the plaintiff, Edward B. Kattel, entered after trial without a jury in an action for a brokerage commission. Kattel filed a three count complaint claiming a commission due on the sale and exchange of the Dixsons' properties to one Claude Dorsey in the first, breach of oral contract in the second, and conspiracy in the third. Dorsey was also named as a defendant in the latter count. At the end of the plaintiff's evidence, the court dismissed the claim against Dorsey, and at the end of all of the evidence, the court awarded judgment in favor of Kattel in the full amount demanded.
The issue is whether Kattel is entitled to a commission based on the evidence presented to the trial court. Generally, appellate courts will not disturb findings of the trier of facts, but if such findings are contrary to the manifest weight of the evidence, or are contrary to the legal effect of the evidence, the reviewing court has not only the authority and power, but also the duty, to reverse. B & B Supermarkets, Inc. v. Metz, Fla.App.1971, 260 So.2d 529, 531.
There are a number of decisive facts in the record. Kattel and Dixson met in October, 1970, to discuss whether Kattel's father, a mortgage broker, could get refinancing on three of the Dixsons' properties. Dixson mentioned he was going to sell the buildings and Kattel stated that he would like to work on the sale. Dixson gave Kattel some financial data on the properties which he brought with him and Kattel arranged to pick up the rent rolls at Dixson's office the next day, after which they drove together to one of the properties. Kattel relies heavily on his contention that a trade or exchange of the Dixsons' properties was a concept initiated by him at the original conference, and on the undisputed fact that Dixson informed Dorsey on three occasions at, before or during the closing that Dorsey's property had been shown to him by Kattel. In our opinion, neither of these factors is sufficient to support an award for a brokerage commission. Other evidence further negates entitlement to a commission under the factual situation presented. Dorsey testified that he learned of the proposed offer for sale and exchange through Mr. Dixson's newspaper ads and that he pursued the matter through direct communications with the Dixsons. Dixson was aware of the Dorsey property before it was shown to him by Kattel. It was conceded that Kattel never produced a prospect ready, willing and able to purchase the properties at the Dixsons' asking price. Although he did arrange one meeting with Dixson and another broker, allegedly Dorsey's agent, neither broker discussed the transaction or communicated an offer to Dorsey. All negotiations for the complex sale and exchange were conducted between Dorsey and the Dixsons...
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