Opinion
No. 75-1444.
November 23, 1976.
Appeal from the Circuit Court, Dade County, Francis X. Knuck, J.
Melvin D. Bratton, Coral Gables, for appellants.
Emanuel Sponder, Miramar, for appellee.
Before PEARSON, HENDRY and HAVERFIELD, JJ.
This is an appeal from a final judgment awarding a real estate brokerage commission.
On March 4, 1974 appellant Gertrude Moore and her husband executed a multiple listing agreement whereby they agreed to pay Sky Realty, Inc. a 7 1/2% real estate commission if it could procure a purchaser to buy their home for $55,000. On May 9 Sky Realty procured Mr. and Mrs. Spitalnick who made an offer of $53,000. The Moores turned it down. On the next morning (May 10) the Spitalnicks went to the office of Sky Realty and made an offer of $55,000 cash. This offer was immediately communicated to the Moores. They refused to accept and sent a telegram dated May 11 instructing Sky Realty to take their house off the market. Sky Realty then sued for the 7 1/2% commission and the cause proceeded to a non-jury trial. The judge found for Sky Realty and entered a final judgment in its favor for $4,125 plus interest.
Although appellant raises nine points on appeal, she has failed to present to this court a transcript of testimony. This court is required to affirm where an appellant fails to bring up the transcript of testimony given at a final hearing and that testimony forms the major evidentiary support for the trial court's findings and ruling. Veterans Loan Authority v. Danzo, 210 So.2d 461 (Fla.3d DCA 1968).
Affirmed.