Opinion · Florida Court Opinions

FOSTER v. 163RD STREET REALTY, INC., 169 So.2d 359 (Fla.App. 3 Dist. 1964)

VICTOR FOSTER & IRIS FOSTER, HIS WIFE, APPELLANTS, v. 163RD St. REALTY,INC., A Fla. Corp., & PHIL SCHILLER REALTOR, INC., A FLORIDACORPORATION, APPELLEES., 169 So. 2d 359 (Fla. Dist. Ct. App. 1964)

Type
Opinion
Court
Florida Court Opinions
Jurisdiction
Florida
Date
1964-11-24
Topic
general

FOSTER v. 163RD STREET REALTY, INC., 169 So.2d 359 (Fla.App. 3 Dist. 1964) VICTOR FOSTER AND IRIS FOSTER, HIS WIFE, APPELLANTS, v. 163RD STREET REALTY,INC., A FLORIDA CORPORATION, AND PHIL SCHILLER REALTOR, INC., A FLORIDACORPORATION, APPELLEES. No. 64-134.District Court of Appeal of Florida, Third District. November 24, 1964.Rehearing Denied December 16, 1964. Appeal from the Civil Court of Record, Dade County, Boyce F. Ezell, Jr., J.

Citator

UpLaw has not yet analyzed FOSTER v. 163RD STREET REALTY, INC., 169 So.2d 359 (Fla.App. 3 Dist. 1964). The absence of a flag is not a finding that it is good law.

FOSTER v. 163RD STREET REALTY, INC.,169 So.2d 359(Fla.App. 3 Dist. 1964)
VICTOR FOSTER AND IRIS FOSTER, HIS WIFE, APPELLANTS, v. 163RD STREET REALTY,
INC., A FLORIDA CORPORATION, AND PHIL SCHILLER REALTOR, INC., A FLORIDA
CORPORATION, APPELLEES.
No. 64-134.
District Court of Appeal of Florida, Third District.
November 24, 1964.
Rehearing Denied December 16, 1964.
Appeal from the Civil Court of Record, Dade County, Boyce F. Ezell, Jr., J.
Ulrich, Rubin Berman, and Ephraim Collins, Miami Beach, for appellants.

Snyder, Young Stern, North Miami Beach, for appellees.
Before BARKDULL, C.J., and CARROLL and HORTON, JJ.
PER CURIAM.
The appellees sued for and recovered a real estate commission. The case was tried before a jury in the civil court of record in Dade County. This appeal by the defendants presents five points. Three of them deal with rulings by the court during the trial which were discretionary, and as to which no abuse of discretion was shown.

There was adequate support in the evidence for the conclusion reached by the jury that under the applicable law the performance by the brokers was sufficient for recovery. See O'Bryan v. Linton, Fla. 1949,41 So.2d 169.

A final point, as to the costs included in the judgment, has been considered and found to be without merit.

No reversible error having been made to appear, the judgment appealed from should be and hereby is affirmed.

Affirmed.