SC02-2491 St. Joe Corporation v. H. Bruce McIver

State: Florida

Docket No: SC02-2491

Case Date: 02/05/2004

Preview:Supreme Court of Florida
____________ No. SC02-2491 ____________

ST. JOE CORPORATION, f/k/a ST. JOE PAPER COMPANY, Petitioner, vs. H. BRUCE McIVER, Respondent. [February 5, 2004] CANTERO, J. We consider whether a real estate broker can ever be entitled to a commission under an oral brokerage agreement where the broker, with the seller's consent, helped negotiate not a sale, but a condemnation of the property. In the decision below, the First District Court of Appeal held that, under certain circumstances, a condemnation could constitute a sale for purposes of a brokerage commission. See McIver v. St. Joe Corp., 828 So. 2d 394, 396 (Fla. 1st DCA 2002). This holding expressly and directly conflicts with Dauer v. Pichowski, 413

So. 2d 62, 63-64 (Fla. 2d DCA 1982), which held that a condemnation proceeding can never constitute a sale for such purposes. We accepted jurisdiction to resolve the conflict. See art. V,

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