Florida District Courts of Appeal, 1985

Wiener v. Pope

Wiener v. Pope
Florida District Courts of Appeal · Decided December 17, 1985 · Jorgenson, Nesbitt, Schwartz
479 So. 2d 320; 11 Fla. L. Weekly 21; 1985 Fla. App. LEXIS 17372 (Southern Reporter, Second Series)

Wiener v. Pope

Opinion of the Court

PER CURIAM.

Bart Wiener, a broker, brought an action to recover his commission for brokering a mortgage loan. The trial court granted appellees’ motion to dismiss on the stated basis that “since the construction mortgage loan contemplated by the commitment was never actually closed, the [complaint] failed to state a cause of action.” This case is factually indistinguishable from S & D Enterprises, Inc. v. Sonnenblick-Goldman Southeast Corp., 310 So.2d 343 (Fla. 3d DCA 1975), and we reverse on that authority-

Reversed and remanded.

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