Moreira v. Aztec Group, Inc.
Moreira v. Aztec Group, Inc.
Opinion of the Court
Robert M. Moreira, Jr. appeals and Aztec Group, Inc. [Aztec] cross-appeals from
According to his agreement with Aztec, Moreira was entitled to receive his portion of any commission paid to Aztec for transactions which closed within six months after Moreira’s termination of employment. In September, 1995, Moreira and another Aztec salesperson, appellee Curtis Palmer, began cooperating in connection with their listings. Under the arrangement, Palmer would take the lead on apartment sales, Moreira would oversee the net lease and off shore business, and all fees earned by them would be distributed on a 5%o
The action was referred to a general master who determined that Moreira was entitled to 12.5% (and not 25%) of the total commission, a determination with which we agree. The parties’ contract provides that “[a]ny disputes regarding ... fee splits between Moreira and other associates ... shall be decided by Ezra Katz
Affirmed and remanded.
. Moreira also appeals a dismissal entered in favor of Curtis Palmer which we affirm without further discussion.
. That is, 50% each of their share of the total commission. As Aztec was to receive 50% of the total commission, Moreira's and Palmer’s shares were to be 25% each.
. CEO of Aztec.
. Notwithstanding Katz’ 12.5% resolution of the dispute, Aztec contended that Moreira was entitled to zero percent of the commission. Moreira is therefore the prevailing party-
Case-law data current through December 31, 2025. Source: CourtListener bulk data.