MARK V. KILLIGAN, APPELLANT,
v.
CITY OF LAKE BUTLER, A MUNICIPALITY, AND SKYLIGHTER A/K/A JOHN'S WHOLESALE FIREWORKS, INC., APPELLEES
MARK V. KILLIGAN, APPELLANT,
CITY OF LAKE BUTLER, A MUNICIPALITY, AND SKYLIGHTER A/K/A JOHN'S WHOLESALE FIREWORKS, INC., APPELLEES
821 So. 2d 356
Florida District Court of Appeal, First District (2002)
Negative Treatment
Cited by 22 cases
Opinion of the Court
PER CURIAM.
Appellant challenges an order granting appellees’ motion for involuntary dismissal with prejudice, filed pursuant to Florida Rule of Civil Procedure 1.420(b), as a sanction because of appellant’s alleged misrepresentations during discovery. We reverse because the order fails to include any findings whatsoever. See, e.g., Commonwealth Fed. Sav. & Loan Ass’n v. Tubero, 569 So. 2d 1271 (Fla.1990); Carr v. Dean Steel Bldgs., Inc., 619 So. 2d 392 (Fla. 1st DCA 1993). Cf. Baker v. Myers Tractor Servs., Inc., 765 So. 2d 149 (Fla. 1st DCA 2000).
REVERSED.
ALLEN, C.J., ERVIN and KAHN, JJ., concur.
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Soncoast Cmty. Church of Boca Raton, Inc. v. Travis Boating Ctr. of Fla., Inc., 981 So. 2d 654 (Fla. 4th DCA 2008)…he language is clear and unambiguous and free of conflicting inferences. In such case of ambiguity, the existence of the ambiguity is a question of law, and the ambiguity must be resolved as a question of fact. No. Star Beauty Salon, Inc. v. Artzt, 821 So. 2d 356, 358 (Fla. 4th DCA 2002) (internal citations omitted). “[W]hen the terms of a written instrument are disputed and rationally susceptible to more than one construction, an issue of fact is presented which cannot properly be resolved by summary judgme…
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Prime Homes, Inc. v. Pine Lake, LLC, 84 So. 3d 1147 (Fla. 4th DCA 2012)…mbiguity is a question of law, and the ambiguity must be resolved as a question of fact. Soncoast Cmty. Church of Boca Raton, Inc. v. Travis Boating Ctr. of Fla., 981 So. 2d 654, 655 (Fla. 4th DCA 2008) (quoting N. Star Beauty Salon, Inc. v. Artzt, 821 So. 2d 356, 358 (Fla. 4th DCA 2002)). Ambiguities exist when a document can reasonably be interpreted as having more than one meaning. Smith v. Shelton, 970 So. 2d 450, 451 (Fla. 4th DCA 2007). A contract is to be construed “in accordance with the plain meanin…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Commonwealth Fed. Sav. & Loan Ass'n v. Moshe Tubero, 569 So. 2d 1271 (Fla. 1990)
- Donell Baker v. Myers Tractor Servs., Inc., 765 So. 2d 149 (Fla. 1st DCA 2000)
- Carr v. Dean Steel Bldgs., Inc., 619 So. 2d 392 (Fla. 1st DCA 1993)