Florida District Courts of Appeal, 1975

Boorde v. Southward

Boorde v. Southward
Florida District Courts of Appeal · Decided May 23, 1975 · Cross, Ger, Wen
313 So. 2d 776; 1975 Fla. App. LEXIS 13773 (Southern Reporter, Second Series)

Boorde v. Southward

Opinion of the Court

PER CURIAM.

We consolidate for purpose of review and disposition plenary appeal Case No. 73-1268 and plenary appeal Case No. 73-1269. The contention raised by the appeal is whether the trial court erred in entering an amended final judgment in favor of the plaintiff, E. K. Boorde, and against the defendants, Ernest M. Southward and Southward Investment & Realty Co., in an action to recover a real estate commission in a non-jury trial.

Upon review of the record on appeal and after consideration of the briefs and oral argument of counsel for the respective parties, we determine that the trial court erred in its calculation of the amount of damages assessed in favor of E. K. Boorde.

*777Accordingly, the amended final judgment should be and it is so modified to assess E. K..Boorde’s damages at $72,283.00.

Affirmed, as modified.

¿WEN, C. J., and CROSS and MA-GER, JJ., concur.

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