Florida District Courts of Appeal, 1994

Ambrose v. Folsom

Florida District Courts of Appeal · Decided October 19, 1994 · Glickstein, Pariente, Warner

643 So. 2d 129; 1994 Fla. App. LEXIS 9992; 1994 WL 568115 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED.

GLICKSTEIN and PARIENTE, JJ., concur. WARNER, J., dissents with opinion.

Dissenting Opinion

WARNER, Judge,

dissenting with opinion.

I would reverse and remand for further proceedings. In my view of the record there was an issue of fact which could not be resolved on a summary judgment, namely the issue of whether or not the acceleration clause had been modified by agreement.

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