Creighton v. Brannan

Full title: CHARLES CREIGHTON, APPELLANT, v. C.J. BRANNAN, JR., AND DON SCHAAF…

Court: District Court of Appeal of Florida, Fourth District

Date published: Oct 19, 1983

439 So. 2d 342 (Fla. Dist. Ct. App. 1983)

Opinion

Nos. 82-2504, 83-63 and 83-287.

October 19, 1983.

Consolidated appeals from Circuit Court, Broward County; Eugene S. Garrett, Judge.

Earl Faircloth of Faircloth, Easthope Traver, Fort Lauderdale, for Charles Creighton.

James W. Crabtree of Smathers Thompson, Miami, for Don Schaaf.

Mark S. Schecter of Schecter Sherr, P.A., Fort Lauderdale, for C.J. Brannan, Jr.

Randolph W. Adams, Fort Lauderdale, for appellees-Clifford W. Trice and Oil Country Management, Inc.

PER CURIAM.

AFFIRMED.

GLICKSTEIN and HURLEY, JJ., concur.

WALDEN, J., dissents, with opinion.

WALDEN, Judge, dissenting.

In my opinion there was an ambiguity as concerns the written contract. Thus, parole testimony should have been allowed to explain the intent of the parties. I would reverse upon authority of Royal American Rlty. v. Bank of Palm Beach Tr. Co., 215 So.2d 336 (Fla. 4th DCA 1968) and Friedman v. Virginia Metal Products Corp., 56 So.2d 515 (Fla. 1952).