Florida District Courts of Appeal, 1985

Vareka Investments, N.V. v. National Life Insurance Co.

Vareka Investments, N.V. v. National Life Insurance Co.
Florida District Courts of Appeal · Decided May 28, 1985 · Ferguson, Hendry, Pearson
469 So. 2d 931; 10 Fla. L. Weekly 1327; 1985 Fla. App. LEXIS 14303 (Southern Reporter, Second Series)

Vareka Investments, N.V. v. National Life Insurance Co.

Opinion of the Court

PER CURIAM.

The lease provision interpreted differently by the parties contains a latent ambiguity that may be resolved only by consideration of extrinsic evidence, which evidence is itself conflicting. Summary judgment is inappropriate notwithstanding that the case is to be tried before the same judge who may have considered the extrinsic evidence in entering summary judgment. See Morton v. Morton, 307 So.2d 835, 839-40 (Fla. 3d DCA), cert. denied, 324 So.2d 90 (Fla. 1975).

Reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.