ORACLE ELEVATOR COMPANY, ETC.
v.
OMNI AT CORAL WAY, INC., ETC.
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Oracle Elevator Company appeals a grant of summary judgment in a breach of contract action against Omni at Coral Way, Inc. The court reversed the summary judgment, finding a genuine issue of material fact regarding whether the parties executed a binding agreement.
Summary judgment is inappropriate when there is a genuine issue of material fact regarding whether a signed agreement exists between the parties. The question of contract formation must be resolved by the trier of fact, not on summary judgment.
[1] Summary judgment is inappropriate in a breach of contract action when the parties present conflicting documentary evidence regarding whether a signed contract exists, as…
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Join FLexlaw to unlock all legal intelligenceOracle brought a breach of contract action against Omni. The parties submitted two versions of the alleged contract to the trial court: one signed ver…
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Opinion filed January 12, 2022. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-1354 Lower Tribunal No. 18-20074-CC ________________
Oracle Elevator Company,
Appellant,
vs.
Omni at Coral Way, Inc., etc., Appellee.
An Appeal from the County Court for Miami-Dade County, Maria D. Ortiz, Judge. Sheldon R. Rosenthal, for appellant. ADR Miami, LLC, and Juan Ramirez, Jr., for appellee. Before FERNANDEZ, C.J., and LINDSEY, and HENDON, JJ. FERNANDEZ, C.J.
Appellant Oracle Elevator Company (“Oracle”) appeals the trial court’s order granting Omni at Coral Way’s (“Omni”) motion for summary judgment.
Because there is a genuine issue of material fact, summary judgment is inappropriate. We thus reverse and remand for further proceedings.
“We review the trial court's orders granting final summary judgment de novo.” Siegel v. Tower Hill Signature Ins. Co., 225 So. 3d 974, 976 (Fla. 3d DCA 2017).
This is a breach of contract action brought by Oracle against Omni.
The parties provided copies of the same alleged contract to the trial court, one signed and one unsigned. There is a genuine issue of material fact on the basic question of whether the parties had a signed agreement. This is a question for the trier of fact that cannot be resolved on summary judgment.
See Fla. R. Civ. P. 1.510; United Servs. Auto. Ass'n v. Velez, 305 So. 3d 682, 685 (Fla. 3d DCA 2020).
Accordingly, we reverse and remand the order on appeal for further proceedings.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Siegel v. Tower Hill Signature Ins. Co., 225 So. 3d 974 (Fla. 3d DCA 2017)
- United Servs. Auto. Ass'n v. Velez, 305 So. 3d 682 (Fla. 3d DCA 2020)