Hatteras of Lauderdale, Inc. v. Erisman
Hatteras of Lauderdale, Inc. v. Erisman
Opinion of the Court
This case involves a yacht broker’s suit for a commission dismissed by the trial court with prejudice because of failure to comply with Section 537.05(2), Florida Statute (1977) which legislation (since repealed) required the broker to secure written authorization before he could “act” for his principal. We reverse in part and affirm in part.
The result in this case is governed by the recent Supreme Court decision in United Yacht Brokers, Inc. v. Gillespie, 377 So.2d 668 (Fla. 1979) which mandates that we reverse the trial court on the question of the count in the complaint predicated upon intentional interference with a contractual relationship despite failure to comply with the statute.
It is true that in the Gillespie case, supra, the brokers oral contract was with the purchaser whereas in the instant case the oral
We are of the opinion that the trial court ruled correctly on the counts alleging breach of contract and conspiracy and find no reversible error.
AFFIRMED IN PART, REVERSED IN PART AND REMANDED IN ACCORDANCE HEREWITH.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.