VIKTORIA BENKOVITCH AND JACK KACHKAR, APPELLANTS,

v.

AURORA LOAN SERVICES, LLC, AND MAYFIELD CONDOMINIUM ASSOCIATION, INC., APPELLEES

Citator

Cited By

• Nationstar Mortg. Co. v. Levine, 216 So. 3d 711 (Fla. 4th DCA 2017)
  …ent ambiguity, on the other hand, “arises when the language in a contract is clear and intelligible, but some extrinsic fact or extraneous evidence creates a need for interpretation or a choice between two or more possible meanings.” Riera v. Riera, 86 So. 3d 1163, 1166 (Fla. 3d DCA 2012) (quoting GE Fanuc Intelligent Platforms Embedded v. Brijot Imaging Sys., Inc., 51 So. 3d 1243, 1245 (Fla. 5th DCA 2011)); see also Taylor v. Taylor, 183 So. 3d 1121, 1122 (Fla. 5th DCA 2015) (“A latent ambiguity exists where…
• Berkowitz v. Delaire Country Club, Inc., 126 So. 3d 1215 (Fla. 4th DCA 2012)
  …The trial court concluded that the failure of the Articles of Incorporation and By-laws to address the scope and format of the materials which a member could submit created a latent ambiguity in the documents. We find no error. See Riera v. Riera, 86 So. 3d 1163, 1166-67 (Fla. 3d DCA 2012) (silence in marital settlement agreement on issue of payment of college expenses where contract provided that parties shall pay equally for all costs related to education of child created latent ambiguity); Prime Homes, I…
• Taylor v. Taylor, 183 So. 3d 1121 (Fla. 5th DCA 2015)
  …lligent Platforms [*1123] Embedded v. Brijot Imaging Sys., Inc., 51 So. 3d 1243, 1245 (Fla. 5th DCA 2011). “When a contract contains a latent .ambiguity, the trial court ‘must hear parol evidence to interpret the writing properly.’ ” Riera v. Riera, 86 So. 3d 1163, 1166 (Fla. 3d DCA 2012) (quoting Mac-Gray Servs., Inc. v. Savannah Assocs. of Sarasota, LLC, 915 So. 2d 657, 659 (Fla. 2d DCA 2005)). A court must also hear parol evidence “to explain, clarify or elucidate the ambiguous term.” Toussaint v. Toussain…