FLORIDA SHADE TOBACCO GROWERS, INC., AND BARRY M. OTTINGER, APPELLANTS,
v.
JNO. H. SWISHER & SON, INC., A DELAWARE CORPORATION, APPELLEES
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PER CURIAM.
This is an appeal from a summary judgment entered in favor of appellees. We find that the movant-appellees did not conclusively establish the absence of a genuine issue of material fact concerning appellants’ liability on a promissory note which was delivered pursuant to an alleged agreement between the parties, which agreement was reflected in a letter. The letter is subject to various interpretations and accordingly, the actual terms of the agreement, if any, are material factual issues which must be resolved by the fact-finder. Accordingly, the principles of law governing the granting of summary judgments require reversal here. See generally, Connell v. Sledge, 306 So. 2d 194, 196 (Fla. 1st DCA 1975).
REVERSED.
MILLS, Acting C. J., ERVIN, J. and MASON, ERNEST E., Associate Judge, concur.
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Land O'Sun Realty Ltd. v. Rewjb GAS Invs., 685 So. 2d 870 (Fla. 3d DCA 1996)…Inc., 529 So. 2d 369 (Fla. 1st DCA 1988); DeLondono, 511 So. 2d at 605; Neumann v. Brigman, 475 So. 2d 1247 (Fla. 2d DCA 1985); Hoffman v. Terry, 397 So. 2d 1184 (Fla. 3d DCA 1981); Florida Shade Tobacco Growers, Inc. v. Jno. H. Swisher & Son, Inc., 369 So. 2d 657 (Fla. 1st DCA 1979). Since its acceptance of the appellees’ position was based on ample evidence to that effect, its decision must stand. Espino v. Anez, 665 So. 2d 1080 (Fla. 3d DCA 1995); Raheb v. DiBattisto, 483 So. 2d 475 (Fla. 3d DCA 1986).4 A…
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Myrick v. ST. Catherine Laboure Manor, Inc., 529 So. 2d 369 (Fla. 1st DCA 1988)…When the terms of an agreement in issue are subject to differing interpretations, these material issues of fact concerning the parties' agreement must be resolved by a fact-finder. Florida Shade Tobacco Growers, Inc. v. Jno. H. Swisher & Son, Inc., 369 So. 2d 657 (Fla. 1st DCA 1977). The final summary judgment is reversed and the cause is remanded for further proceedings. REVERSED AND REMANDED. SHIVERS and THOMPSON, JJ., concur. . This spelling of “controller,” although erroneous, is found in the affidav…
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- Grady Scott Connell v. Sledge, 306 So. 2d 194 (Fla. 1st DCA 1975)