Madick Developers, Inc. v. Heritage Corp. of South Florida
Madick Developers, Inc. v. Heritage Corp. of South Florida
Opinion of the Court
Madick Developers, Inc. appeals an adverse final judgment after a bench trial. We affirm in part and reverse in part.
Appellee Heritage Corporation of South Florida was plaintiff below in a suit to collect, inter alia, a fee for arranging loans pursuant to a letter agreement between the parties. Madick contended that after initial involvement in negotiating the loan, Heritage effectively abandoned the project and forfeited the right to a fee. Heritage contended that it had substantially complied with its obligations under the letter agreement, that Madick and the lender chose to deal directly with each other while keeping Heritage informed of their progress, and that Heritage did all that was asked of it. As there was conflicting evidence presented at trial in support of these contentions, we do not disturb the trial court’s resolution of the conflict by which the court determined that Heritage had earned a fee. See Taylor Creek Village Association v. Houghton, 349 So.2d 1219 (Fla. 3d DCA 1977); Fountainhead Motel, Inc. v. Massey, 336 So.2d 397 (Fla. 3d DCA 1976), cert. denied, 344 So.2d 324 (Fla. 1977).
We reach a different conclusion with regard to the amount of the fee. The agreement is clear on its face.
Affirmed in part, reversed in part and remanded for entry of judgment in favor of Madick on count III.
Were there ambiguity, it would be construed against Heritage, the drafter. Belen School, Inc. v. Higgins, 462 So.2d 1151, 1154 (Fla. 4th DCA 1984).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.