PHILLIP AND DELORES FLOYD, APPELLANTS,
v.
HOMES BEAUTIFUL CONSTRUCTION COMPANY, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the release agreement was ambiguous, creating genuine issues of material fact regarding its intended scope and the parties' intent.
[1] Summary judgment is improper when genuine issues of material fact remain regarding the intended scope of a release agreement.
[2] If the terms of a written instrument are reasonably susceptible to two different interpretations, an issue of fact exists as to the parties' intent, precluding summary ju…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceThe Floyds purchased a home from Homes Beautiful, sued for construction defects, and settled. Later, a fire destroyed their home due to a dryer vent d…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Negligent Construction cases and more on FLexlaw
PER CURIAM.
Phillip and Delores Floyd challenge a final summary judgment entered in favor of the defendant, Homes Beautiful Construction Company, the appellee, in their civil suit for negligent construction, breach of implied warranty, and breach of contract. Because genuine issues of fact remain as to the intended scope of a release agreement executed by the parties prior to the filing of the instant suit, entry of summary judgment was erroneous. Accordingly, we reverse and remand for further proceedings.
The Floyds purchased a home constructed by Homes Beautiful Construction Company in 1982. After occupancy, cracks and separations were discovered in the walls and foundation of the house, and, in 1986, the Floyds sued Homes Beautiful alleging negligent construction, fraud and misrepresentation, and breach of the implied warranties of fitness and habitability. The Floyds obtained a $205,000 verdict in the 1986 action. While an appeal of that action was pending, the parties entered into a settlement and release agreement whereby Homes Beautiful paid $125,-000 to the Floyds in return for a release providing that Homes Beautiful was released from “any claim or cause of action presently existing, whether known or unknown, including but not necessarily limited to the [1986 civil suit].” On December 31,1993, fire completely destroyed appellants’ home and the contents therein. It is undisputed that the 1993 fire was caused by the placement of a clothes dryer vent in the Floyds’ home immediately adjacent to an electrical breaker panel box which resulted in a short when the insulation between the electrical components in the breaker box was dissolved.
In July 1995, the Floyds brought the instant lawsuit which sounds in negligence, breach of warranty, and breach of contract, and seeks damages for the loss of their home and personal belongings. The Floyds allege that the dryer ventilation defect was a latent defect of which they were unaware when they purchased the home. Homes Beautiful defended on the grounds that the release barred the suit. The trial judge granted final summary judgment in favor of Homes Beautiful finding that the release controlled any of the Floyds’ claims against Homes Beautiful arising from the construction of the residence, including negligent installation of the dryer vent. Finding that the release is ambiguous, we reverse entry of summary judgment.
It is, of course, well-established that summary judgment is proper only when no genuine issue of material fact exists, even after all reasonable inferences have been drawn in favor of the party opposing summary judgment. Brock v. Associates Fin., Inc., 625 So. 2d 135 (Fla. 1st DCA 1993). In its summary judgment, the lower court noted that neither the Floyds nor Homes Beautiful asserted that the release was ambiguous. Rather, each side claimed that the release unambiguously supports their respective positions.
Despite the cross motions for summary judgment,1 a genuine issue of fact does exist as to what the parties intended by the release.
If the terms of a written instrument are in dispute and are reasonably susceptible to two different interpretations, then an issue of fact is presented as to the parties’ intent; such an issue of fact cannot be properly resolved by a summary judgment. Universal Underwriters Ins. Co. v. Steve Hull Chevrolet, Inc., 513 So. 2d 218 (Fla. 1st DCA 1987); Gulfstream Bank, N.A. v. Barnett Bank of South Florida, N.A., 438 So. 2d 67 (Fla. 4th DCA 1983), and Griffin Builders Supply, Inc. v. Jones, 384 So. 2d 265 (Fla. 2d DCA 1980).
It is not apparent from the four comers of the release what “claims” the parties intended to release. For example, it is not apparent whether the modifying language “presently existing” bars a cause of action relating to a defect in existence at the time of execution of the release, but unknown to the parties; or rather, whether that modifying language limits the release to causes of action fully accrued at the time of execution.
Furthermore, there is a question as to when the instant cause of action accrued. Compare, Carlon v. Levitz Furniture Corp., 374 So. 2d 1156 (Fla. 3d DCA 1979)(summary judgment erroneous because there was a dispute as to when the cause of action accrued), and Hart v. Hart, 234 So. 2d 393 (Fla. 1st DCA 1970)(summary judgment erroneous because there was a genuine issue of material fact as to when the plaintiff’s cause of action accrued).
Finally, we note that the release does not specifically mention “future” claims, which distinguishes the instant case from Braemer Isle Condominium Ass’n, Inc. v. Boca Hi, Inc., 632 So. 2d 707 (Fla. 4th DCA 1994), the principal case on which Homes Beautiful relies.
Because the existence of disputed issues of fact relating to the intent and scope of the release, we REVERSE and REMAND for further proceedings.
JOANOS, WOLF and VAN NORTWICK, JJ., concur. . The fact that a party has moved for a summary judgment does not estop that party from challenging an adverse summary judgment.
W. Shore Restaurant Corp. v. Turk, 101 So. 2d 123 (Fla.1958).
Furthermore, cross motions from summary judgment do not necessarily mean that no genuine issue of material fact exists. Couch Construction Co. v. Florida Dep't of Transp., 537 So. 2d 631 (Fla. 1st DCA 1988).
However, a party may not move for summary judgment claiming "there is no issue of fact with regards to a specific question and then take a contrary position on appeal.” Couch, 537 So. 2d at 632; Wilmo on the Bluffs, Inc. v. CSX Transp., 559 So. 2d 294 (Fla. 1st DCA 1990).
In the instant case, the Floyds are not taking a position on appeal inconsistent with the one taken in their motion for partial summary judgment. There, they asserted that the settlement and release agreement “when read in its entirety and in terms of its purpose, the terms in which it is stated, and the subject matter to which applies, clearly and unambiguously was not intended to bar Plaintiffs’ present cause of action against HOMES BEAUTIFUL.” In other words, the Floyds argued below that the release agreement unambiguously contradicts Homes Beautiful defense of estoppel. This is not say, however, that the agreement unambiguously states what claims are barred.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
-
Mazzoni Farms, Inc. v. E.I. DuPONT DE Nemours & Co., 761 So. 2d 306 (Fla. 2000)…cause or thing whatsoever, from the beginning of the world to the day of these presents,” the court held that the release did not bar any claims accruing after the date of execution. Similarly, the court in Floyd v. Homes Beautiful Construction Co., 710 So. 2d 177, 178 (Fla. 1st DCA 1998), addressed an agreement releasing the party from “any claim or cause of action presently existing, whether known or unknown, including but not necessarily limited to the [1986 civil suit].” In construing the release, the cou…
-
Harper v. Toler, 884 So. 2d 1124 (Fla. 2d DCA 2004)…onsistent position subsequently challenge on appeal the trial court’s determination that there were no disputed issues of material fact and that the adverse party was entitled to judgment as a matter of law. See Floyd v. Homes Beautiful Constr. Co., 710 So. 2d 177, 179 n. 1 (Fla. 1st DCA 1998) (holding that appellants against whom summary judgment was entered were “not taking a position on appeal inconsistent with the one taken in their motion for partial summary judgment”). An estoppel may arise when a part…
-
Ventana Condo. Ass'n, Inc. v. Chancey Design P'ship, Inc., 203 So. 3d 175 (Fla. 2d DCA 2016)…in dispute and, are reasonably susceptible to two different interpretations, then an issue of fact is presented as to the parties’ intent; such an issue of fact cannot be properly resolved by a summary judgment.” Floyd v. Homes Beautiful Const. Co., 710 So. 2d 177, 179 (Fla. 1st DCA 1998). The Association contends that the Release is ambiguous because it is unclear whether latent defects resulting in future losses were intended to be released. We agree that “[i]t is not apparent from the four corners of the […
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (11 total)
- W. Shore Rest. Corp. v. Turk, 101 So. 2d 123 (Fla. 1958)
- The City OF Miami v. Hamilton, 101 So. 2d 123 (Fla. 1957)
- Universal Underwriters Ins. Co. v. Steve Hull Chevrolet, Inc., 513 So. 2d 218 (Fla. 1st DCA 1987)
- Griffin Builders Supply, Inc. v. Jones, 384 So. 2d 265 (Fla. 2d DCA 1980)
- Braemer Isle Condo. Ass'n, Inc. v. Boca HI, Inc., 632 So. 2d 707 (Fla. 4th DCA 1994)
- Brock v. Assocs. Fin., Inc., 625 So. 2d 135 (Fla. 1st DCA 1993)
- Couch Constr. Co. v. The Fla. Dep't OF Transp. & City of Tampa, 537 So. 2d 631 (Fla. 1st DCA 1988)
- Wilmo ON THE Bluffs, Inc. v. CSX Transp., 559 So. 2d 294 (Fla. 1st DCA 1990)
- Hart v. Kenneth H. Hart and his wife, 234 So. 2d 393 (Fla. 1st DCA 1970)
- Gulfstream Bank, N.A. v. Barnett Bank OF S. Fla., N.A., 438 So. 2d 67 (Fla. 4th DCA 1983)