Tampa Electric Co. v. Florida Power Corp.

District Court of Appeal of Florida

Tampa Electric Co. v. Florida Power Corp.

267 So. 2d 110

CourtDistrict Court of Appeal of Florida

DecidedOctober 6, 1972

DocketNo. 71-459

StatusPublished

Cited by3 cases

This text of 267 So. 2d 110 (Tampa Electric Co. v. Florida Power Corp.) 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

Tampa Electric Co. v. Florida Power Corp., 267 So. 2d 110 (Fla. Ct. App. 1972).

Pincite

Opinions

PER CURIAM.

Appellant appeals a final summary judgment entered against it in a suit arising out of a written contract.

The able trial judge, after taking voluminous testimony, ruled that the contract was not ambiguous and therefore refused to consider the parol evidence.

We hold that the contract itself was ambiguous in its terms and upon considering the parol evidence genuine issues of material fact as to the correct interpretation of the language of the contract were created. This being the case, it was error to enter a final summary judgment.

Reversed and remanded.

PIERCE, C. J., and HOBSON, J., concur. McNULTY, J., dissents with opinion.

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