UNDERWRITERS AT INTEREST AT LLOYD'S A/S/O TECH DATA, APPELLANT,
v.
WATKINS MOTOR LINES, INC., APPELLEE

Fla. 3d DCA | 2003-04-30
No. 3D02-1949
Before LEVY, FLETCHER and SHEVIN, JJ.
846 So. 2d 584 Florida District Court of Appeal, Third District (2003) Caution
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Underwriters at Interest at Lloyds appeals a judgment entered following summary judgment. We reverse. The trial court erred in entering summary judgment as genuine issues of fact remain unresolved as to the proper construction of the pertinent contract provisions. Each side suggests 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.


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  • Benitez v. State, 901 So. 2d 935 (Fla. 4th DCA 2005)
    …. The court denied the motion. The jury found the defendant guilty on all charges. “The standard of review for the denial of a motion for judgment of acquittal is whether the verdict is supported by substantial, competent evidence.” Perry v. State, 846 So. 2d 584, 586 (Fla. 4th DCA 2003). The defendant now argues the trial court erred in denying the motion for judgment of acquittal because the evidence failed to show he threatened the officer by word or act. In essence, he suggests there was no proof of the…
  • Perry v. State, 861 So. 2d 462 (Fla. 1st DCA 2003)
    …ng the element of “lawful execution of duty,” but rather it addressed whether the appellant was entitled to use the illegality of the police action as a defense. Therefore, Taylor does not control as to the issue before us.4 See also Perry v. State, 846 So. 2d 584 (Fla. 4th DCA 2003) (affirming conviction, holding officers’ improper strip search could not be defense to resisting with violence). In cases of resisting arrest with violence the State need not prove the legality of an arrest, only that an arrest…
  • Brown v. State, 891 So. 2d 1120 (Fla. 4th DCA 2004)
    …n could properly have resisted an illegal arrest without violence. See Guitterrez v. State, 837 So. 2d 1095, 1096 (Fla. 4th DCA 2003) (essential element of resisting arrest without violence is that the arrest must be lawful); compare Perry v. State, 846 So. 2d 584, 587 (Fla. 4th DCA 2003) (noting that a person cannot challenge a conviction for resisting arrest with violence on the basis that the arrest itself is illegal). Because there was no tender of payment in this case, we do not rule on what type of con…

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