Sutton v. Stewart, FF-102
| Decision Date | 04 May 1978 |
| Docket Number | No. FF-102,FF-102 |
| Citation | 358 So.2d 119 |
| Parties | Antionette B. SUTTON, Appellant, v. Albert D. STEWART, Jr., d/b/a Al Stewart & Associates, Appellee. |
| Court | Florida District Court of Appeals |
S. Gordon Blalock of Blalock, Holbrook, Lewis, Paul & Isaac, Jacksonville, for appellant.
William P. Healy of Mahoney, Hadlow & Adams, Jacksonville, for appellee.
This is an appeal from final judgment in favor of appellee in a suit for tortious interference by appellant with a business relationship between appellee and one Johnson. We find no error and affirm.
The suit below was tried before the court without a jury. There the intervenor Stewart (appellee) filed an intervention claim against appellant Sutton (the nominal plaintiff who had sued Johnson, the nominal defendant) contending that appellee Stewart had an exclusive listing contract with Johnson to sell Johnson's vacant lot and that appellant Sutton knowingly and wrongfully purchased the lot direct from Johnson and thereby deprived appellee Stewart of a sales commission. The trial court entered a money judgment against appellant Sutton for $1,500 representing 10% of the amount paid by appellant Sutton to Johnson for the lot.
On October 16, 1975, Stewart listed for sale a vacant lot owned by Johnson and wife under an exclusive right of sale listing which contained the usual language that while the listing was for 90 days, it would continue until revoked by 15-day notice in writing by the owner. Stewart erected the usual "for sale" sign on the lot. When the 90 days expired, Johnson did not revoke the listing but assumed that it had expired. Subsequently, the exclusive right of sale listing being still in effect, appellant Sutton, a licensed real estate salesperson since 1974, entered into an agreement to purchase the property, and thereafter Sutton filed the suit below against Johnson for specific performance. Stewart, as aforesaid, intervened in the suit seeking his commission, and Johnson and Sutton thereafter settled their differences and closed the sale for $15,000. Stewart persisted in his claim against both Sutton and Johnson for his commission and obtained a final judgment against Johnson. He thereafter proceeded to trial and final judgment against Sutton when the judgment against Johnson was uncollectible.
Sutton contends that the court erred in denying her motions for directed verdict and for new trial. We find no error in this regard the evidence supports the trial court's action. Both appellant and appellee agree that the applicable law is set forth in this Court's opinion in Smith v. Ocean State Bank, 335 So.2d 641 (Fla. 1 DCA 1976), as follows:
"From our analysis of the question, we...
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...liable." Mead, 191 So.2d at 595; see, e.g., Fearick v. Smugglers Cove, 379 So.2d 400, 403 (Fla. 2d DCA 1980); Sutton v. Stewart, 358 So.2d 119 (Fla. 1st DCA 1978); Oro Verde Groves, Inc. v. Fuchs, 136 So.2d 12 (Fla. 3d DCA 1962); Pokress v. Southern Hotel Corp., 42 So.2d 166 The trial court......
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Business & commercial cases
...So.2d 1126 (Fla. 1985). 8. Peacock v. General Motors Acceptance Corp. , 432 So.2d 142, 145 (Fla. 1st DCA 1983). 9. Sutton v. Stewart , 358 So.2d 119, 120 (Fla. 1st DCA 1978). 10. Smith v. Ocean State Bank, 335 So.2d 641, 644 (Fla. 1st DCA 1976). 11. Franklin v. Brown, 159 So.2d 893 (Fla. 1s......