Opinion
No. 71-703.
April 4, 1972. Rehearing Denied May 2, 1972.
Appeal from Circuit Court, Dade County; Francis J. Christie, Judge.
Prunty, Ross, DeLoach Olsen, Miami, for appellant.
Horton, Schwartz Perse, and Clinton W. Green, Miami, for appellee.
Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.
The defendant appeals a summary final judgment in an action concerning a referral contract between two practicing attorneys. In the trial court, the sole issue was the meaning of the written contract. The matters pleaded in the answer did not constitute a legal defense to the action. The court correctly determined that there was no genuine issue of material fact and that the appellee was entitled to a judgment as a matter of law. The court properly entered summary judgment in accordance with the terms of the contract. See Duprey v. United Services Automobile Association, Fla.App. 1971, 254 So.2d 57; also see Sterling v. Miller, 1956, 2 A.D.2d 900, 157 N.Y.S.2d 145.
Affirmed.