HARVEY LENETT AND MERCEDES LENETT, APPELLANTS,

v.

WORLD VACATION TRAVEL, S.A. DE C.V., WORLD VACATION TRAVEL, LTD., AND TRADCO LTD. D/B/A WORLD VACATION TRAVEL, APPELLEES

Citator

Cited By

• Campaniello v. Amici P'ship, 832 So. 2d 870 (Fla. 4th DCA 2002)
  …rms 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 judgment. Id.; see also Birwelco-Montenay, Inc. v. Infilco Degremont, Inc., 827 So. 2d 255 (Fla. 3d DCA 2001)(Summary judgment is inappropriate where the contract at issue is susceptible of two interpretations). Where each side argues that the contract is clear and unambiguous, but ascribes a different meaning to the “unambiguous” languag…
• Underwriters AT Interest AT Lloyd's a/s/o Tech Data v. Watkins Motor Lines, Inc., 846 So. 2d 584 (Fla. 3d DCA 2003)
  …ggests that we construe the contract in accordance with its position. However, summary judgment is inappropriate where the contract at issue is susceptible of more than one reasonable construction. Birwelco-Montenay, Inc. v. Infilco Degremont, Inc., 827 So. 2d 255 (Fla. 3d DCA 2001). Accordingly, the language of the agreement is ambiguous and presents factual issues requiring reversal. Reversed and remanded.…
• Gables Ins. Recovery, Inc. v. Seminole Cas. Ins. Co., 10 So. 3d 1106 (Fla. 3d DCA 2009)
  …on for writ of certiorari, we find that the trial court’s conclusion that the initial assignment is ambiguous acknowledges the existence of a fact issue which precludes summary judgment. See, e.g., Birwelco-Montenay, Inc. v. Infilco Degremont, Inc., 827 So. 2d 255, 256 (Fla. 3d DCA 2001) (“Summary judgment is inappropriate where the contract at issue is susceptible of two interpretations”); see also Langford v. Paravant, Inc., 912 So. 2d 359, 360-61 (Fla. 5th DCA 2005) (stating that “when content of an agreem…

Authorities Cited

• World Vacation Travel, S.A. v. Brooker, 799 So. 2d 410 (Fla. 3d DCA 2001)