Opinion
Nos. 92-2583, 93-0737.
April 13, 1994. Rehearing Denied May 19, 1994.
Consolidated appeals from the Circuit Court for Palm Beach County; Richard L. Oftedal, and James R. Stewart, Judges.
Ronald Sales of Law Office of Ronald Sales, P.A., West Palm Beach, for appellant.
Brian B. Joslyn and J. Kory Parkhurst of Boose, Casey, Ciklin, Lubitz, Martens, McBane O'Connell, West Palm Beach, for appellee-Grace Martin.
We sua sponte consolidate these appeals and reverse and remand for entry of judgment in favor of appellant. We agree with the appellant that the trial court's construction of the contract in question would render the contract unenforceable as a matter of law. See Pick Kwik Food Stores, Inc. v. Tenser, 407 So.2d 216 (Fla. 2d DCA 1981) (where one party has unrestricted right to terminate a contract at any time, contract is void for lack of mutuality of obligation), rev. denied, 415 So.2d 1361 (Fla. 1982); also see Wright Seaton, Inc. v. Prescott, 420 So.2d 623 (Fla. 4th DCA 1982).
ANSTEAD, HERSEY and PARIENTE, JJ., concur.