McIver allegedly entered into an oral contract with St. Joe to negotiate with the state for sale of nearly 700 Gulf-front acres the company owned in Walton County, known as Topsail Hill. The parties were unable to reach agreement on an acceptable price. Later, the state sued to condemn the Topsail property and the parties eventually settled on a price. St. Joe contended it did not owe McIver a realtor's fee because the property was sold during the course of condemnation. McIver sued for his two percent fee, but the trial judge entered summary judgment in favor of St. Joe. The First District Court partially reversed.