ANITA STEIN AND WARREN STEIN D/B/A MURRAY REALTIES AND TRI-ENGEL REALTIES, APPELLANTS,
v.
KLAUS R. SCHELL AND THERESA E. SCHELL, APPELLEES
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PER CURIAM.
This is an appeal from a final summary judgment holding that the appellants were not entitled to a brokerage commission under the terms of an agreement with the appellees. The agreement is ambiguous as to the liability of the appellees to the appellants under the circumstances of this case. In the trial court both sides submitted affidavits supporting a construction of the contract in their favor. Because the controlling provisions of the contract are ambiguous and the parties are in disagreement as to the proper construction thereof, we believe it was error to resolve the dispute by summary judgment. Westchester Fire Insurance Company v. In-Sink-Erator, 252 So. 2d 856 (Fla. 4th DCA 1971).
Accordingly, this cause is reversed for further proceedings consistent herewith.
ANSTEAD, GLICKSTEIN and HURLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Greater Miami Marine Ass'n, Inc. v. Positive Results, Inc., 618 So. 2d 372 (Fla. 3d DCA 1993)…the defendant corporation, which actions of the Board are not entirely consistent with other language in the contract. An internal inconsistency in an agreement creates an ambiguity which cannot be resolved by summary judgment. See Stein v. Schell, 388 So. 2d 1100 (Fla. 4th DCA 1980); S & T Anchorage, Inc. v. Lewis, 575 So. 2d 696 (Fla. 3d DCA 1991). Reversed and remanded.…
Authorities Cited
- Westchester Fire Ins. Co. v. In-Sink-Erator, 252 So. 2d 856 (Fla. 4th DCA 1971)