Keyes Co. v. Sherden, 442 So. 2d 427 (Fla. 5th DCA 1983). · Go Syfert
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Keyes Co. v. Sherden, 442 So. 2d 427 (Fla. 5th DCA 1983). Cases Citing This Book View Copy Cite
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The KEYES COMPANY, a Florida corporation
v.
Arthur F. SHERDEN and Mary E. Sherden, individually and as co-partners, Sherden Realty Associates, a partnership, Thomas H. Thurlow, Sr., Jane B. Thurlow, Thomas H. Thurlow, Jr., and Sandra Thurlow
Nos. 83-374, 83-769.
District Court of Appeal of Florida, Fifth District.
Dec 21, 1983.
Published opinion
442 So. 2d 427
1983 Fla. App. LEXIS 25267
James Merola and G. Steven Brannock of Levy, Shapiro, Kneen & Kingcade, P.A., Palm Beach, for appellant., Paul B. Erickson of Alley, Maass, Rogers, Lindsay & Chauncey, Palm Beach, for appellees.
Anstead, Dell, Downey.
Published
PER CURIAM.

We affirm summary judgment on the merits. See, Harding Realty, Inc. v. Turnberry Towers Corp., 436 So.2d 983 (Fla. 3d DCA 1983).

We reverse the award of attorney fees. Appellant’s entitlement to a commission was not irrevocably tied to the buyer’s specific performance action, Randolph v. Neeley, 185 So.2d 785 (Fla. 1st DCA 1966). Also, ambiguities as to when the commission was earned required judicial construction of the contract. Appellant’s case, though unmeritorious, was not so wholly frivolous as to support an award of attorney fees pursuant to Section 57.105, Florida Statutes (1981).

AFFIRMED IN PART and REVERSED IN PART.

ANSTEAD, C.J., and DOWNEY and DELL, JJ., concur.