BRON WHITE, D/B/A CALYPSO CAFÉ & SEAFOOD GRILLE, APPELLANT,
v.
OCEAN BAY MARINA, INC., A FLORIDA CORPORATION, AS ASSIGNEE OF LARGO LAKE ENTERPRISES, APPELLEE
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PER CURIAM.
We reverse the final summary judgment in defendant’s favor and remand for further proceedings.
The record demonstrates that genuine issues of material fact remain unresolved regarding whether the parties orally modified the amount of rent due under the lease. See Alan Simons Assoc., Inc. v. Deltareach Corp., 554 So. 2d 581 (Fla. 3d DCA 1989); Boaters Paradise, Inc. v. Frebum Corp., 256 So. 2d 68 (Fla. 3d DCA 1971).
Contrary to defendant’s argument, it is of no moment that the written agreement is unambiguous and, hence, cannot be rewritten by the court. “[A] written contract may be modified by a subsequent oral agreement or subsequent conduct of the parties, even though the written contract purports to prohibit such modification.” Beach Higher Power Corp. v. Granados, 717 So. 2d 563, 565 (Fla. 3d DCA 1998).
In view of the disputed evidence regarding the modification, summary judgment was improper.
Reversed and remanded.
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Okeechobee Resorts, L.L.C. v. E Z Cash Pawn, Inc., 145 So. 3d 989 (Fla. 4th DCA 2014)…with one another despite the requirement of a writing in order to modify.” Linear Corp. v. Standard Hardware Co., 423 So. 2d 966, 968 (Fla. 1st DCA 1982); Gallagher v. Dupont, 918 So. 2d 342, 347 (Fla. 5th DCA 2005); White v. Ocean Bay Marina, Inc., 778 So. 2d 412, 412 (Fla. 3d DCA 2001); Crosslands Props., Inc. v. Univest Crossland Trace, Ltd., 516 So. 2d 320, 322 [*995] (Fla. 2d DCA 1987). This standard — if literally applied — would permit a written contract with a “no oral modification” clause to be amend…
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Rhodes v. BLP Assocs., Inc., 944 So. 2d 527 (Fla. 4th DCA 2006)…tten agreement may be modified by the subsequent conduct or course of dealing of the parties. See St. Joe Corp. v. McIver, 875 So. 2d 375, 382 (Fla.2004); Gallagher v. Dupont, 918 So. 2d 342, 347 (Fla. 5th DCA 2005); White v. Ocean Bay Marina, Inc., 778 So. 2d 412 (Fla. 3rd DCA 2001); Franklin Life Ins. Co. v. Davy, 753 So. 2d 581, 586 (Fla. 1st DCA 1999); Beach Higher Power Corp. v. Granados, 717 So. 2d 563, 565 (Fla. 3rd DCA 1998). Of course, no such modification can occur unless it is by mutual consent, an…
Authorities Cited
- Beach Higher Power Corp. v. Granados, 717 So. 2d 563 (Fla. 3d DCA 1998)
- J.L.F. v. State, 717 So. 2d 563 (Fla. 5th DCA 1998)
- City OF Miami Beach v. H. 0. Lasseter, Sr., 256 So. 2d 68 (Fla. 3d DCA 1971)
- Pena v. State, 554 So. 2d 581 (Fla. 3d DCA 1989)
- State v. Sims, 554 So. 2d 581 (Fla. 3d DCA 1989)