Miranda v. Julian
Miranda v. Julian
Opinion of the Court
This is an appeal from a summary judgment. Because unresolved material factual issues remain despite the entry of the judgment we must reverse. An ambiguous contractual provision “Seller shall in no way warrant and/or guarantee high/low water elevations of Lake Floyd” was inserted in an agreement to buy and sell real property. Although the words do not appear particularly ambiguous, the fact that no one can guarantee the level of a natural lake opens the matter to inquiry. There is a latent ambiguity and the issue involves whether this provision warrants a flood-free home. Buyer says yes, seller says no. There was
REVERSED and REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.