Estate of Bain v. Morales, 92-369
| Citation | 606 So.2d 1277 |
| Decision Date | 03 November 1992 |
| Docket Number | No. 92-369,92-369 |
| Parties | 17 Fla. L. Week. D2503 The ESTATE OF Jerome BAIN, deceased, Appellant, v. Hugo MORALES, Appellee. |
| Court | Florida District Court of Appeals |
Robert T. Mann, Tarpon Springs, for appellant.
Koppen, Watkins, Partners & Associates and Robert P. Lithman, Miami, for appellee.
Before HUBBART, FERGUSON and GODERICH, JJ.
In this appeal from a partial summary judgment it is contended, by representatives of the broker's estate, that there are material issues of fact as to whether a payment in a trust account for commissions was converted, and whether the broker procured a willing and able purchaser who then conspired with the seller to deprive the broker of a commission. Giving the non-movant the benefit of the reasonable inferences in this complex factual setting, it does not appear that the movant has demonstrated conclusively the nonexistence of a genuine dispute of fact or law and that he is entitled to summary judgment as a matter of law. Burton v. Linotype Co., 556 So.2d 1126 (Fla. 3d DCA 1989); rev. denied, 564 So.2d 1086 (Fla.1990); Mendez v. West Flagler Family Ass'n, 315 So.2d 7 (Fla. 3d DCA 1975).
Particularly, a sum which is specific and segregated in a trust account may be the subject of a conversion. Futch v. Head, 511 So.2d 314 (Fla. 1st DCA), rev. denied, 518 So.2d 1275 (Fla.1987); Allen v. Gordon, 429 So.2d 369 (Fla. 1st DCA 1983); Belford Trucking Co. v. Zagar, 243 So.2d 646 (Fla. 4th DCA 1970). Further, that the seller and prospective buyer failed to consummate the sale and purchase agreement and instead entered into a joint venture, after excluding the broker from negotiations, does not preclude a finding that the broker was the victim of a civil wrong. See Royal Netherlands Realty, Inc. v. Ross, 421 So.2d 642 (Fla. 3d DCA 1982) ().
Reversed and remanded for further consistent proceedings.
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Estate of Bain v. Bibolini
...this opinion. 1 Our disposition of the appeal renders moot the Petition for Constitutional Stay Writ.2 See, e.g., Estate of Bain v. Morales, 606 So.2d 1277 (Fla. 3d DCA 1992); Estate of Bain v. Gateway Group, Inc., 605 So.2d 167 (Fla. 3d DCA ...
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Estate of Bain v. Bibolini, 98-2589.
...DCA 1981). Hence the judgment below is reversed with directions to order the funds paid to the appellant. 1. See Estate of Bain v. Morales, 606 So.2d 1277 (Fla. 3d DCA 1992); Estate of Bain v. Gateway Group, Inc., 605 So.2d 167 (Fla. 3d DCA 1992); see also Estate of Bain v. Bibolini, 711 So......