ST. LAWRENCE COMPANY, N.V., a Netherlands Antilles Corporation, Appellant,
v.
ALKOW REALTY, INC., a Florida Corporation, Bernard Felson and Karen Moraitis Realty, Inc., a Florida Corporation, Appellees.
District Court of Appeal of Florida, Fourth District.
James O. Murphy, Jr., of English, McCaughan & O'Bryan, Fort Lauderdale, for appellant.
Harris K. Solomon of Brinkley, McNerney & Morgan, Fort Lauderdale, for appellees.
HERSEY, Judge.
In this dispute over a real estate broker's commission, appellee-brokers obtained a temporary mandatory injunction restraining the seller (appellant) from disbursing $250,000 (the amount of commission in controversy) from the proceeds of the sale until further order of the court, which injunction occasioned the present appeal from a non-final order.
The order is plainly wrong. This was an action to recover money damages upon a claim of breach of an oral contract to pay money, that is: a commission. Such a cause of action does not entitle the claimant to equitable relief simply because the complaint alleges uncertainty of collectibility of a judgment if a fund of money is permitted to be disbursed. The test of the inadequacy of a remedy at law is whether a judgment could be obtained, not whether, once obtained it will be collectible. Oxford International Bank and Trust, Ltd. v. Merrill Lynch, Pierce, Fenner & Smith, *515 Inc.,
REVERSED and REMANDED.
DOWNEY and WALDEN, JJ., concur.
