Florida District Courts of Appeal, 1983

Creighton v. Brannan

Creighton v. Brannan
Florida District Courts of Appeal · Decided October 19, 1983 · Glickstein, Hurley, Walden
439 So. 2d 342; 1983 Fla. App. LEXIS 22561 (Southern Reporter, Second Series)

Creighton v. Brannan

Opinion of the Court

PER CURIAM.

AFFIRMED.

GLICKSTEIN and HURLEY, JJ., concur. WALDEN, J., dissents, with opinion.

Dissenting 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).

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