Gwen Fearing Real Estate, Inc. v. Wilson, s. 81-1116
| Decision Date | 04 May 1983 |
| Docket Number | 81-1870 and 81-2331,81-1119,Nos. 81-1116,s. 81-1116 |
| Citation | 430 So.2d 589 |
| Parties | GWEN FEARING REAL ESTATE, INC., Appellant/Cross Appellee, v. Clifford H. WILSON and Villa Vineta, a Michigan limited partnership, Appellees/Cross Appellants. Paul ESZTERHAZY and Franciska Eszterhazy, Appellants, v. Clifford H. WILSON, Arthur W. Lambertus, Villa Vineta, a Michigan limited partnership, and Gwen Fearing Real Estate, Inc., a Florida corporation, Appellees. Paul ESZTERHAZY and Franciska Eszterhazy, Appellants/Cross Appellees, v. Clifford H. WILSON and Villa Vineta, a Michigan limited partnership, Appellees/Cross Appellants. GWEN FEARING REAL ESTATE, INC., Appellant, v. Clifford H. WILSON, et al., Appellees. |
| Court | Florida District Court of Appeals |
W. Peter Burns of Steel, Hector, Davis, Burns & Middleton, Palm Beach, for Gwen Fearing Real Estate, Inc.
Richard A. Barnett, Hollywood, for Clifford H. Wilson and Villa Vineta.
Bruce W. Parrish and Michael A. Slivka of O'Connell, Cooper, Parrish & McBane, P.A., West Palm Beach, for Paul and Franciska Eszterhazy.
These consolidated appeals arise from the failure of a contract for the sale of real estate to close. The sellers, Mr. and Mrs. Eszterhazy, and Gwen Fearing Real Estate, Inc., the broker, sued the buyers Wilson and Villa Vineta to recover the down payment held in escrow. Plaintiffs appeal from a final judgment in favor of defendant buyers, and from an order awarding appellees costs and attorney fees. Appellee buyers cross-appealed the amount of the cost and fee award.
Appellants, Paul Eszterhazy and Franciska Eszterhazy, entered into a contract with appellees, Clifford Wilson, and Villa Vineta, a limited partnership, for the sale and purchase of their hotel. The parties recognized Gwen Fearing Real Estate Inc. (Fearing) as the broker and the contract provided that Fearing would receive one-half the deposit should the sale fail to close because of the buyers' default. Both the original contract and the amended contract 1 contained a provision making the contract subject to "review of all books pertaining to operation of hotel, bar, etc." The Eszterhazys furnished appellees with a copy of "Schedule C" from their 1977 income tax return and showed appellees a computer operating statement covering the period ending December 31, 1978. Mrs. Eszterhazy testified that these documents constituted the business records of the hotel and bar. The Eszterhazys failed to furnish any other records such as balance sheets, ledgers, checkbooks, tax returns, copies of business related documents of indebtedness, etc. Appellees presented evidence that the information furnished did not provide them with adequate information to evaluate the business. A conflict exists in the evidence as to whether or not appellees persisted in their attempt to obtain additional records, and for that matter as to whether or not additional relevant business records exist. The parties appeared at closing and a dispute arose concerning a zoning problem. Appellees demanded an adjustment in price, the Eszterhazys refused and the closing terminated before appellees raised the matter of books and records.
The Court consolidated the Eszterhazys' suit to recover the deposit from appellees with Fearing's suit to obtain one-half the deposit as its commission on the sale. Appellees asserted the failure to furnish all books and records as an affirmative defense. After a non-jury trial the court found that the Eszterhazys failed to furnish "a reasonable set of books for inspection agreed to by the parties" and entered judgment in favor of appellees. In a subsequent judgment, entered pursuant to reserved jurisdiction, the court held the Eszterhazys and Fearing jointly and severally liable for appellees' attorney fees and costs.
The parties raise several points on appeal. Appellants contend that the trial court erred in finding that the Eszterhazys had a duty to furnish a "reasonable set of books" and that the trial court should have found that appellees waived the requirement of any books and records other than those furnished. Fearing also contends that the trial court erred in holding it...
To continue reading
Request your trial
-
Taylor Indus. Constr., Inc. v. Westfield Ins. Co.
...Inc., 801 So.2d 976, 979 (Fla. 2d DCA 2001) (citing Belmont v. Belmont, 761 So.2d 406 (Fla. 2d DCA 2000); Gwen Fearing Real Estate, Inc. v. Wilson, 430 So.2d 589 (Fla. 4th DCA 1983); Chandler v. Chandler, 330 So.2d 190, 191 (Fla. 2d DCA 1976) ("[W]e are faced with the question of whether tr......
-
CENTEX-ROONEY CONST. CO. v. Martin County
...Wholesalers of America, Inc. v. Beneficial Commercial Corp., 465 So.2d 570 (Fla. 4th DCA 1985), and Gwen Fearing Real Estate, Inc. v. Wilson, 430 So.2d 589, 591 (Fla. 4th DCA 1983), in which we disallowed travel time where there was no showing of a lack of local counsel who would be compete......
-
Fence Wholesalers of America, Inc. v. Beneficial Commercial Corp.
...an award for travel time, when there was no showing a competent local attorney could not be obtained. Gwen Fearing Real Estate, Inc. v. Wilson, 430 So.2d 589 (Fla. 4th DCA 1983); Chandler v. Chandler, 330 So.2d 190 (Fla. 2d DCA A dealer arranged a sixty month lease-purchase agreement for a ......
-
Mandel v. Decorator's Mart, Inc.
...an opponent should not include travel time over and above what a local attorney would charge. See also Gwen Fearing Real Estate, Inc. v. Wilson, 430 So.2d 589, 591 (Fla. 4th DCA 1983). As the second district noted in Chandler v. Chandler, 330 So.2d 190, 191 (Fla. 2d DCA We are aware of no a......