H. D. GOODE
v.
THOMAS A. JOHNSON ET AL.

Fla. | 1933-09-05
Davis, C. J., and Whitfield, Terrell, Brown and Buford, J. J., concur.
111 Fla. 765 Florida Supreme Court (1933) Positive Treatment
Also reported at: 149 So. 736
Cited by 5 cases

Opinion of the Court
Per Curiam.

Per Curiam.

Since the judgment herein was rendered on the pleadings in the cause, the Federal Supreme Court in Nixon v. Condon, 286 U. S. 73, 52 Sup. Ct. Rep. 484, 76 L. Ed. 629 (See also White v. County Democratic Executive Committee, 60 Fed. [2nd] 973; West v. Bliley, 33 Fed. Rep. [2nd] 177; Bliley v. West, 42 Fed. Rep. [2nd] 101), has announced pertinent principles which had not theretofore been adjudicated by the controlling authority and which could not have been considered in rendering the judgment in this cause; it is, therefore, considered, ordered and adjudged that the judgment be reversed and the cause remanded for appropriate proceedings.

Reversed and remanded.

Davis, C. J., and Whitfield, Terrell, Brown and Buford, J. J., concur.


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  • Jenkins v. Eckerd Corp., 913 So. 2d 43 (Fla. 1st DCA 2005)
    …tion and citations omitted). The concept of integration is based on a presumption that the parties to a written contract intended that writing “to be the sole expositor of their agreement.” Everglade Dumber Co. v. Nettleton Lumber Co., Ill Fla. 333, 149 So. 736, 738 (1933). The terms of an integrated written contract can be varied by extrinsic evidence only to the extent that the terms are ambiguous and are given meaning by the extrinsic evidence. Avis Rent A Car Sys., Inc. v. Monroe County, 660 So. 2d 413…
  • Lambert v. The Berkley S. Condo. Ass'n, Inc., 680 So. 2d 588 (Fla. 4th DCA 1996)
    …o. v. Koff, 345 So. 2d 732 (Fla. 4th DCA 1977). A court must look first to the plain language of a document and consider parol evidence only when the document is ambiguous on its face. E.g., Everglade Lumber Co. v. Nettleton Lumber Co., 111 Fla. 333,149 So. 736 (1933); Kraft v. Mason, 668 So. 2d 679 (Fla. 4th DCA 1996); Gorman v. Kelly, 658 So. 2d 1049 (Fla. 4th DCA 1995); Royal Continental Hotels, Inc. v. Broward Vending, Inc., 404 So. 2d 782 (Fla. 4th DCA 1981). Whether a document is ambiguous depends u…
  • Harkless v. Laubhan, 219 So. 3d 900 (Fla. 2d DCA 2016)
    …. 1st DCA 2005) (“The concept of integration is based on a presumption that the parties to a written contract intended that writing ‘to be the sole expositor of their agreement.’ ” (quoting Everglade Lumber Co. v. Nettleton Lumber Co., 111 Fla. 333, 149 So. 736, 738 (1933))). If it is undisputed that none of the parties to a real estate transaction intended for certain provisions of their real estate sales contract to merge into a subsequent deed, then no merger takes place as' to those provisions. See Mil…

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