LANDIN, LTD., ETC., APPELLANT/CROSS-APPELLEE,
v.
THE LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT, ETC., APPELLEE/CROSS-APPELLANT; THE LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT, ETC., APPELLANT, V. LANDIN, LTD., APPELLEE
LANDIN, LTD., ETC., APPELLANT/CROSS-APPELLEE,
THE LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT, ETC., APPELLEE/CROSS-APPELLANT; THE LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT, ETC., APPELLANT, V. LANDIN, LTD., APPELLEE
416 So. 2d 482
Florida District Court of Appeal, Fourth District (1982)
Positive Treatment
Cited by 2 cases
Topics
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Opinion of the Court
PER CURIAM.
This appeal questions two summary judgments and an assessment of costs against appellant. Our review of the pleadings, depositions and affidavits filed in the cause convinces us that the contract between the parties contains latent ambiguities which preclude the entry of a summary judgment. The appropriate rule is found in Morton v. Morton, 307 So. 2d 835 (Fla. 3d DCA), cert. denied, 324 So. 2d 90 (Fla.1975), where the court held:
Where there was presented the necessity, in construing the contract, to resolve the latent ambiguity which was disclosed to be involved as to the contingencies mentioned, it was error for the court to render a summary judgment construing the contract, with respect to such latent ambiguity, without regard to extrinsic evidence bearing on intent, and particularly when there was some conflicting evidence as to the intention of the contracting parties, notwithstanding the case when tried would be before the same judge. Id. at 842.
Accordingly, the judgments on appeal are reversed and the cause is remanded for further proceedings consistent with this opinion.
DOWNEY, HURLEY and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jennings Country Club Homes, Inc. v. Gen. Cap. Corp., 419 So. 2d 1105 (Fla. 3d DCA 1982)…ermined in a summary judgment proceeding, even if the ultimate trial will be before the trial court without a jury. Hurt v. Leatherby Insurance Company, 380 So. 2d 432 (Fla.1980); Landin Ltd., v. The Loxahatchee River Environmental Control District, 416 So. 2d 482 (Fla. 4th DCA 1982); [*1107] Goldbloom v. J. I. Kislak Mortgage Corporation, 408 So. 2d 748 (Fla. 3d DCA 1982); Kirsh v. Mannen, 393 So. 2d 63 (Fla. 3d DCA 1981); Sol Walker & Company v. Seaboard Coast Line Railroad Company, 362 So. 2d 45 (Fla. 2d D…
Authorities Cited
- Morton v. Emil Morton, 307 So. 2d 835 (Fla. 3d DCA 1975)
- Roberts v. State, 324 So. 2d 90 (Fla. 1975)