Paris v. Hilton, FF-470
| Decision Date | 18 November 1977 |
| Docket Number | No. FF-470,FF-470 |
| Citation | 352 So.2d 534 |
| Parties | John P. PARIS, Appellant, v. L. Charles HILTON, Jr., et al., Appellees. |
| Court | Florida District Court of Appeals |
Jerry W. Gerde of Davenport, Johnston, Harris, Gerde & Harrison, Panama City, for appellant.
William E. Williams of Mahoney, Hadlow & Adams, Jacksonville, for appellees.
By this interlocutory appeal, Paris seeks review of an adverse final summary judgment granting the rescission and cancellation of two promissory notes held by Paris. The trial court's basis for granting the summary judgment was its finding that the notes were given as consideration for Paris's services as a real estate broker within the State of Florida at a time that he was not registered as a Florida real estate broker pursuant to Chapter 475, Florida Statutes.
Paris and appellee Cooper are both residents of the State of Georgia. In mid-1973, Paris, a licensed real estate broker in Georgia, learned that certain Gulf County, Florida, acreage was on the market. Paris followed an energetic course of action that ultimately led to the formation of a binding contract for sale of the land between appellees Hilton & Associates and Cooper. Paris's activities in conjunction with the sale of this property included numerous telephone calls from Atlanta to Panama City, Florida, for the purpose of discussing the real estate and the terms of its sale with one of the owners; a one day visit to the property which included three hours of "walking" the land and photographing it; preparing Dr. Cooper's written offer to purchase, as well as working with Cooper's attorneys on the sales contract; returning to Panama City for further discussions and negotiations concerning the contract; and attending the closing of the sale in Panama City during February of 1974.
Paris received his $315,070 commission in the form of a $215,070 note secured by the real property and a check for $100,000 from Cooper. By prior arrangement, Paris returned the $100,000 to Cooper and, in turn, was given a check for $25,000 and a demand note for $75,000. Cooper subsequently refused to honor the notes and sought their rescission and cancellation.
The services performed by Paris clearly fall within the provisions of Section 475.01(2), Florida Statutes, as being duties to be performed by real estate brokers or salesmen. It is undisputed that Paris was not licensed either as a broker or as a salesman in the State of...
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