Florida District Courts of Appeal, 2003

Underwriters at Interest at Lloyd's v. Watkins Motor Lines, Inc.

Florida District Courts of Appeal · Decided April 30, 2003 · Fletcher, Levy, Shevin

846 So. 2d 584; 2003 Fla. App. LEXIS 6147; 2003 WL 1969217 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Perry v. State (Fla. Dist. Ct. App. 2003)

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Opinion of the Court

PER CURIAM.

Underwriters at Interest at Lloyds appeals a judgment entered following summary judgment. We reverse. The trial court erred in entering summary judgment as genuine issues of fact remain unresolved as to the proper construction of the pertinent contract provisions. Each side suggests that we construe the contract in accordance with its position. However, summary judgment is inappropriate where the contract at issue is susceptible of more than one reasonable construction. Birwelco-Montenay, Inc. v. Infilco Degremont, Inc., 827 So.2d 255 (Fla. 3d DCA 2001). Accordingly, the language of the agreement is ambiguous and presents factual issues requiring reversal.

Reversed and remanded.

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