JOHN RANSOM, APPELLANT,
v.
FERNANDINA BEACH CHAMBER OF COMMERCE, FIRST COAST COMMUNITY BANK, AND RICK KEFFER DODGE-CHRYSLER-PLYMOUTH-JEEP, INC., APPELLEES

Fla. 1st DCA | 2000-03-06
No. 1D99-1019
ERVIN, BOOTH and BENTON, JJ., CONCUR.
752 So. 2d 118 Florida District Court of Appeal, First District (2000)

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Synopsis

The court affirmed the trial court's order certifying a class of persons who purchased cars from AutoNation and received unsigned retail installment contracts.


Holding

The court affirmed the trial court's order certifying the class of purchasers who received unsigned retail installment contracts.


Facts & Procedural History

Purchasers of cars from AutoNation signed retail installment contracts but were delivered unsigned copies. The class action sought certification for t…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant appeals a final summary judgment entered against him and in favor of all defendants, who were sponsors of a golf tournament held on June 5-7, 1998, in Fernandina Beach, Florida. Appellant claims he is entitled to recover a prize for making a hole-in-one on the 12th hole on Saturday, June 6, 1998. We find genuine issues of material fact exist and, accordingly, reverse the final summary judgment entered against Appellant.

Appellees denied the award of a Dodge Ram pickup truck as the hole-in-one contest prize because Appellant did not shoot the hole-in-one on the 9th hole. Appellant claims there was no notice given that the 9th hole was the only qualifying hole for the contest. Based on the record before us, we find genuine issues of material fact exist concerning whether Appellant knew or should have known that the contest was limited to one specific tournament hole, and whether he performed the manifested requirements of the unilateral contract created by the sponsors of the tournament.

Appellant also claims the order granting Appellee First Coast Community Bank’s motion for fees and costs should be reversed. However, because Appellant failed to appeal this order, we lack jurisdiction over this issue. Acquisition Corp. of America v. American Cast Iron Pipe Co., 543 So. 2d 878 (Fla. 4th DCA 1989).

REVERSED and REMANDED.

ERVIN, BOOTH and BENTON, JJ., CONCUR.


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