HARREL F. BRADDY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HARREL F. BRADDY, APPELLANT,
STATE OF FLORIDA, APPELLEE
536 So. 2d 1117
Florida District Court of Appeal, Fourth District (1988)
Positive Treatment
Cited by 13 cases
Opinion of the Court
PER CURIAM.
Reversed and remanded for an evidentiary hearing.1 The appellant has made a prima facie showing, supported by his own sworn statements, that he was not afforded notice of the disciplinary proceedings conducted against him. The resolution of his claim requires an evidentiary hearing. See Moore v. Wainwright, 366 So. 2d 183 (Fla. 1st DCA 1979).
HERSEY, C.J., and DOWNEY and ANSTEAD, JJ., concur. . Of course, these proceedings would be mooted if the appellee decided to afford the appellant a new administrative hearing with proper notice given to appellant.
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Kirsch v. Kirsch, 933 So. 2d 623 (Fla. 4th DCA 2006)…he parties in certain situations and extrinsic evidence is necessary for interpretation or a choice between two possible meanings.’ ” Albertson v. Albertson, 566 So. 2d 606, 608 (Fla. 4th DCA 1990) (quoting Forest Hills Utils., Inc. v. Pasco County, 536 So. 2d 1117, 1119 (Fla. 2d DCA 1988)). Where there is a latent ambiguity, the court may consider parol evidence, including “evidence as to the interpretation which the parties may appear to have placed thereon by their actions and the manner of their dealings…
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Albertson v. Albertson, 566 So. 2d 606 (Fla. 4th DCA 1990)…aid to exist where a contract fails to specify the rights or duties of the parties in certain situations and extrinsic evidence is necessary for interpretation or a choice between two possible meanings.” Forest Hills Utilities, Inc. v. Pasco County, 536 So. 2d 1117, 1119 (Fla. 2d DCA 1988). The application of the foregoing principle is appropriate in this instance. Finally, the parties do not own an interest in the Sweden House Restaurant; rather, they own a one-fourth interest in the real property upon which…
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C R Mall, Inc. v. Sears, 667 So. 2d 1016 (Fla. 5th DCA 1996)…ternatively, whether they intended for Mall to be responsible. Where a latent ambiguity exists, the issue of the correct interpretation of the agreement becomes an issue of fact which precludes summary judgment. Forest Hills Utils. v. Pasco County, 536 So. 2d 1117, 1119 (Fla. 2d DCA 1988); Griffin v. FDIC, 532 So. 2d 1358, 1360 (Fla. 2d DCA 1988). Here, because the trial court should have considered extrinsic evidence of the parties’ intent with regard to the automatic doors, and because a dispute exists as t…
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- Moore v. Louie L. Wainwright, 366 So. 2d 183 (Fla. 1st DCA 1979)