Vareka Investments, N.V. v. National Life Insurance Co.

District Court of Appeal of Florida

Vareka Investments, N.V. v. National Life Insurance Co.

469 So. 2d 931, 10 Fla. L. Weekly 1327, 1985 Fla. App. LEXIS 14303

CourtDistrict Court of Appeal of Florida

DecidedMay 28, 1985

DocketNo. 84-1867

StatusPublished

Cited by1 cases

This text of 469 So. 2d 931 (Vareka Investments, N.V. v. National Life Insurance Co.) 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.

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Vareka Investments, N.V. v. National Life Insurance Co., 469 So. 2d 931, 10 Fla. L. Weekly 1327, 1985 Fla. App. LEXIS 14303 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

The lease provision interpreted differently by the parties contains a latent ambiguity that may be resolved only by consideration of extrinsic evidence, which evidence is itself conflicting. Summary judgment is inappropriate notwithstanding that the case is to be tried before the same judge who may have considered the extrinsic evidence in entering summary judgment. See Morton v. Morton, 307 So.2d 835, 839-40 (Fla. 3d DCA), cert. denied, 324 So.2d 90 (Fla.1975).

Reversed.

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PER CURIAM.

The lease provision interpreted differently by the parties contains a latent ambiguity that may be resolved only by consideration of extrinsic evidence, which evidence is itself conflicting. Summary judgment is inappropriate notwithstanding that the case is to be tried before the same judge who may have considered the extrinsic evidence in entering summary judgment. See Morton v. Morton, 307 So.2d 835, 839-40 (Fla. 3d DCA), cert. denied, 324 So.2d 90 (Fla.1975).

Reversed.

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469 So. 2d 931, 10 Fla. L. Weekly 1327, 1985 Fla. App. LEXIS 14303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vareka-investments-nv-v-national-life-insurance-co-fladistctapp-1985.

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