HomeMy WebLinkAbout1879 REMSBERG but there is neither an allegation nor any proof that BRUCE
REMSBERG was acting for or in behalf of his father, Defendant L. S.
REMSBSRG when he made that ca11.
In February, 1971-Defendant L. S. REMSBERG cailed ALTOis~.LU _
and offered to purchase the mineral rights on the property which were
partially owned by Mft. ALTOBELLO's wife. There is, however, no evidence
ALTOBELLO ever conducted any negotiations with the representatives of
the BELQiER Estate regarding the purchase of the property by L. S. REMS-
BERG. The property was ultimately sold to L. S. REMSBERG and his wife
in June of 1971.
The Court finds there is thus no evidence the Plaintiff (or
a
his salesman) was the procuriag cause of the sale and no evidence that
any negotiations for the sale of the property were conducted with L. S.
_ REMSBERG and the BELCHER Estate. Although there is testimony af some
early communication with D~fendant's son BRUCE REMSBERG, it is not
alleged, and there is no proof that BRUCE REMSBERG was acting for or
in behalf of-his father. These_facts_being__reflected by the depositions
and affidavits on file, and being uncontradicted by any evidence sub-
mitted in behalf of the Plaintiff, the Court finds the Plaintiff's
riotion is well founded. It is thereupon,
ORDERED AND ADJUDGED that the Motion for Sum~nary Judgment be,
and the same hereby is, granted, and judgment is entered for the Defendants
, and against the Plaintiff, and the Plaintiff shall take nothing by his
action and the Defendants shall go hence without day. Costs may be
taxed against the Plaintiff upon appropriate motion.
I - _.._-_r..~.__ •~,..~.,~~..~a~ rhi G~~d.~X...of
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` September, 1973.
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Circui d e
Copy furnished:
Marshall G. Curran, Jr.
II3GLISH, McCAUGHAN ~ 0'BRYAN ~ ~ #
300 First Federal Building ~ ~ ~ "r-
P.O. BOX 1502 fltf^ A~n o,~CCli~ED .7 r*7 i crn.-~
Fort Lauderdale, FZorida 33302 ST. _u~ :~.~~~K ~Y F~a- r;. -v
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i+.OGs_r f ~ ' ~
vl~~.\ - ~i,11t~ ?1:P.T ' ~ J ~
George Baya ~n: , ~.Y.
1116 AIf red I . duPont Building ~1 ~x 3 : ; ~ ~ ~
Miami, Florida 33131 ~ b w
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