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IN THS CIRCUIT COURT OF TH8 NINTEENTH
JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR ST. LUCIE COUNTY.
. Case No. ~1-744 - (Judge Trowbridge) _
WAYNE E. ALLEN, .
Plaintiff, .
-vs- . ORDER GRANTING SUMMARY ~
FINAL JUDGMENT
J. A. BII,CHER, et. al. .
Defendants .
THIS CAUSE came on to be heard before me as Judge of the above-
styled Court on the Defendants' Motion for Swmaary Judgment. The Court
has heard the argument of counsel and considered the Memorandum o£ Law '
submitted by the Defendants and has further read and considered the deposi-
tions, affidavits and other pleadings on file and makes the following find-
ings of fact and ruZings of law.
This is a suit for a real estate commission in which Plaintiff's
theory of recovery is based upon allegations that FRANK ALTOBELLO, a real
estate salesman associated with him, was the procuring cause of the sale
to Defendant L. S. REMSBERG, of a large tract of land owned by the EDWIN
BELCfiER Estate.
Defendaats deposed the Plaintiff and his associate FRANK ALTOBELLO,
and submitted an affidavit by the Defendant L. S. REMSBERG. Plaintiff took
no depositions and submitted no affidavits.
~--~~--_----•__.._-..~he_..~,tAC.Qtit icted evidence of the affidavit and the depositions
revealed the Defendant L. S. REMSBERG first learned the property was for
sale at a casual meeting in July of 1970 with a third partq who was a
friend of both REMSBERG and ALTOBELLO. Although BRUCE REMSBERG, son of
Defendant L. S. REMSBERG, called AI.TOBELLO shortly thereafter to inquire
about the property, ALTOBELLO admits he had absolutely no contact with
Defendant L. S. RF.hISBERG about February 1971 when REMSBERG called him ,
about the mineral rights on the property. ALTOBELLO had sent a letter i
to the BII.CHER Estate indicating he had "showed" the property to BRUCE ;
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