PIANETA MIAMI, INC., APPELLANT,
v.
DAVID JAGOLINZER, APPELLEE
PIANETA MIAMI, INC., APPELLANT,
DAVID JAGOLINZER, APPELLEE
895 So. 2d 1097
Florida District Court of Appeal, Third District (2004)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Finding genuine issues of material fact on all counts, we reverse the final summary judgments and remand for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
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Marr v. Webb, 930 So. 2d 734 (Fla. 3d DCA 2006)…determined by the trier of fact which, in the instant case, was the arbitration panel. See De Las Cuevas v. Nat’l Enters. Inc., No. 3D04-1909, 927 So. 2d 41, 2006 WL 782867 (Fla. 3d DCA 2006); Montealegre v. Banco De Credito Centro-Americano, S.A., 895 So. 2d 1097 (Fla. 3d DCA 2004); Wagner v. Wagner, 885 So. 2d 488 (Fla. 1st DCA 2004); Wolowitz v. Thoroughbred Motors, Inc., 765 So. 2d 920 (Fla. 2d DCA 2000). The arbitration panel “is the sole and final judge of the evidence and the weight to be given to it,”…
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Haroldo J. Montealegre v. Banco de Credito, 895 So. 2d 1100 (Fla. 3d DCA 2004)…PER CURIAM. These consolidated appeals are from orders based on the judgment we have reversed in Montealegre v. Banco De Credito, 895 So. 2d 1097 (Fla. 3d DCA Case nos. 3D03-2525, 3D03-3299, opinion filed, December 22, 2004). The orders under review are therefore vacated and the causes remanded with directions to proceed in accordance with that decision and this one.…
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Bitz v. Bitz, 934 So. 2d 507 (Fla. 3d DCA 2005)…t is a question of law.”). The circuit court concluded that paragraph 8 is ambiguous with respect to how many acres of land each party is to receive under the agreement. We agree. See generally Montealegre v. Banco De Credito Centro-Americano, S.A., 895 So. 2d 1097 (Fla. 3d DCA 2004). The settlement agreement, on its face, contemplates the distribution of “approximately eight acres” of land where in fact there is only 7.98 acres of land. Accordingly, it is impossible for the former husband to receive the full…