Tampa Electric Co. v. Florida Power Corp.

Florida District Courts of Appeal
Tampa Electric Co. v. Florida Power Corp., 267 So. 2d 110 (1972)
Hobson, McNulty, Pierce

Tampa Electric Co. v. Florida Power Corp.

Dissenting Opinion

McNULTY, Judge

(dissenting).

I must respectfully dissent. There are no latent ambiguities in the contract herein, when read as a whole, which would render its terms amenable to parol for clarification.

Opinion of the Court

PER CURIAM.

Appellant appeals a final summary judgment entered against it in a suit arising out of a written contract.

The able trial judge, after taking voluminous testimony, ruled that the contract was not ambiguous and therefore refused to consider the parol evidence.

We hold that the contract itself was ambiguous in its terms and upon considering the parol evidence genuine issues of material fact as to the correct interpretation of the language of the contract were created. This being the case, it was error to enter a final summary judgment.

Reversed and remanded.

PIERCE, C. J., and HOBSON, J., concur. McNULTY, J., dissents with opinion.

Reference

Full Case Name
TAMPA ELECTRIC COMPANY, a Florida corporation v. FLORIDA POWER CORPORATION, a Florida corporation
Cited By
3 cases
Status
Published