Stein v. Schell

District Court of Appeal of Florida

Stein v. Schell

388 So. 2d 1100, 1980 Fla. App. LEXIS 17402

CourtDistrict Court of Appeal of Florida

DecidedOctober 15, 1980

DocketNo. 79-1975

StatusPublished

Cited by1 cases

This text of 388 So. 2d 1100 (Stein v. Schell) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stein v. Schell, 388 So. 2d 1100, 1980 Fla. App. LEXIS 17402 (Fla. Ct. App. 1980).

Pincite

Opinion

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

388 So. 2d 1100, 1980 Fla. App. LEXIS 17402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stein-v-schell-fladistctapp-1980.

Opinion

Related

Cite This Page — Counsel Stack