HomeMy WebLinkAbout1482 ~ i
i
1
i
and accordingly the Court adopts Mre. Mumm's testimony as to :i
the oral agreement between the parties.
The Court finds that plaintiff is entitled to commis-
sions on sales as •et~forth in plaintiff's exhibits.
See Plaintiff's Exhibit#2, Srnest E. Smith - 58 of $62,000.00 i~
See Plaintiff's Exhibit #3, Robert P. Madden - 58 of 562,750.00
. i
See Plaintiff's Exhibit #4, Paul Mumma - 5$ of $47,800.00
See Plaintiff's Exhibit #5, Halter Smith - 5$ of $66,000.00
5t of 238.,550.00 ,
or a total of: $11,927.50 '
According to paragraph 7 of plaintiff's
complaint, the following camnissions
were paid to plaintiff:
Paragraph 7a S1,500.00
Paragraph 7b 1,500.00
Paragraph 7c 1,500.00
Paragraph 7d 550.00 5,050.00
leaving a balance due plaintiff of: ~ ~ $6,877.50
Defendant paid to plaintiff the sum of _ 9,040._00
in draws (see Defendant's Exhibit #7)
which indicates an overdraw by plaintiff of: $2,162.50
The Court has considered the matter of attorneys fees. i
{
~ There is no written agreement for attorneys fees; the only
statutory basis for attorneys fees would be.F.S. 57.105. The
~ -
Court finds that there isjusticiable issue of fact existing
between the parties and any application for attorneys fees under
F.S. 57.105 is denied.
The Court has considered defendant's motion that plain-
tiff be barred from filing his complaint for his violation of
¢ the Florida Real Estate License Law. The testimony revealed
that plaintiff acted in good faith when he left his foriaer
employer, HART REALTY. Plaintiff stated that he left at his `
~ f~
~ last place of employment with his understanding that his license
4