DELIA PEREZ, INDIVIDUALLY AND AS GUARDIAN OF NICHOLAS E. PEREZ, INCOMPETENT, PETITIONER,

v.

SEABOARD COAST LINE RAILROAD COMPANY, RESPONDENT

Citator

Cited By

• DEC Elec., Inc. v. Raphael Constr. Corp., 558 So. 2d 427 (Fla. 1990)
  …ntract is a matter of law to be determined by the court. Peacock, 353 So. 2d at 842; City of Leesburg v. Hall, 96 Fla. 186, 191, 117 So. 840, 841 (1928); City of Orlando v. H.L. Coble Construction Co., 282 So. 2d 25, 26 (Fla. 4th DCA), cert. denied, 288 So. 2d 505 (Fla.1973); 4 S. Williston, A Treatise on the Law of Contracts § 616 (3d ed. 1961). Raphael Construction argues that, when the terms of a contract are ambiguous, the actual intention of the parties becomes a question of fact to be resolved by the ju…
• Multitech Corp. v. ST. Johns Bluff Inv. Corp., 518 So. 2d 427 (Fla. 1st DCA 1988)
  …2d 111, 114 (5th Cir.1970). Although as a general rule, “[t]he construction of a written contract is a matter of law to be determined by the court,” City of Orlando v. H.L. Coble Construction Company, 282 So. 2d 25, 26 (Fla. 4th DCA), cert. denied, 288 So. 2d 505 (Fla.1973), if the wording is ambiguous and the parties present different interpretations “the issue of proper interpretation can become one of fact, thus precluding summary judgment.” Bunnell Medical Clinic v. Barrera, 419 So. 2d at 683. (emphasis…
• Brickell Biscayne Corp. v. Morse/Diesel, 683 So. 2d 168 (Fla. 3d DCA 1996)
  …e breaches of the implied terms of their own contracts with Bric-kell Biseayne to perform the services required in a professional and workmanlike manner. See City of Orlando v. H.L. Coble Constr. Co., 282 So. 2d 25 (Fla. 4th DCA 1973), cert, denied, 288 So. 2d 505 (Fla.1973); Shore Drive Apartments, Inc. v. Frank J. Rooney, Inc., 253 So. 2d 478 (Fla. 4th DCA 1971); see also Florida Construction Law & Practice § 3.12 (Fla.Bar, Dec. 1993). While the appellees asserted a statute of limitations defense to this as…

Authorities Cited

• Perez v. Seaboard Coast Line R.R. Co., 277 So. 2d 825 (Fla. 3d DCA 1973)