Opinion
No. 88-1255.
August 9, 1989. Rehearing Denied September 14, 1989.
Appeal from the Circuit Court for Palm Beach County; Jack H. Cook, Judge.
James Patrick Garrity and Nancy K. Vorpe of Moyle, Flanigan, Katz, Fitzgerald Sheehan, P.A., West Palm Beach, for appellant.
Jan Michael Morris and Leon R. Margules of Entin, Schwartz, Margules Schwartz, Miami, for appellee, Florida Realty Diversified Inv. Corp.
The summary judgment in favor of the defendant is reversed. Wills v. Sears, Roebuck Co., 351 So.2d 29 (Fla. 1977); Holl v. Talcott, 191 So.2d 40 (Fla. 1966).
We find no error in the trial court's determination that paragraph three of the agreement between the parties is not ambiguous. Nevertheless, issues of fact remain concerning whether the units were completed in accordance with the terms of the agreement, particularly as to the validity of the certificate of occupancy.
DELL, STONE, JJ., and FRANK, RICHARD H., Associate Judge, concur.