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Criterion Corp. v. Hunt Properties

District Court of Appeal of Florida, Second District
Apr 16, 1980
382 So. 2d 438 (Fla. Dist. Ct. App. 1980)

Opinion

No. 79-193.

April 16, 1980.

Appeal from the Circuit Court, Pinellas County, Richard A. Miller, J.

David Hyman, Tampa, for appellant.

C. Lawrence Stagg of Holland Knight, Tampa, for appellee.


We reverse on cross-appeal the grant of summary judgment to appellant Criterion Corporation. A disputed issue of material fact existed below as to the identity of the term "seller" in the contract clause at issue. The contract specifically identified appellant as the seller, but also set out the "seller's" duties to be those clearly contemplated to be performed by a third party to the contract.

The contract ambiguity was unresolved, and thus appellant failed to carry its burden on motion for summary judgment of proving the nonexistence of any disputed issues of material fact. Snyder v. Cheezem Development Corp., 373 So.2d 719 (Fla. 2d DCA 1979).

REVERSED and REMANDED for further proceedings.

HOBSON, Acting C.J., and DANAHY, J., concur.


Summaries of

Criterion Corp. v. Hunt Properties

District Court of Appeal of Florida, Second District
Apr 16, 1980
382 So. 2d 438 (Fla. Dist. Ct. App. 1980)
Case details for

Criterion Corp. v. Hunt Properties

Case Details

Full title:CRITERION CORPORATION, FORMERLY LaMONTE-SHIMBERG CORPORATION, A DELAWARE…

Court:District Court of Appeal of Florida, Second District

Date published: Apr 16, 1980

Citations

382 So. 2d 438 (Fla. Dist. Ct. App. 1980)