DIMENSION FOUR INTERNATIONAL, LTD., APPELLANT,
v.
HUSKEY REALTY, APPELLEE
PER CURIAM.
Upon review of the record on appeal and after consideration of the briefs and oral arguments of counsel for the respective parties, we determine that the terms of the written brokerage agreement entered into between Dimension Four International, Ltd., and appellee, Huskey Realty, are clear and unambiguous. Therefore, the trial court erred in admitting parol evidence varying the express terms of said agreement.
Accordingly, the final judgment in favor of appellee, Huskey Realty, is vacated and set aside, and the cause is remanded for entry of a final judgment in favor of appellant, Dimension Four International, Ltd. Reversed and remanded, with directions:
CROSS, MAGER and DOWNEY, JJ., concur.
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J. C. Penney Co., Inc. v. Koff, 345 So. 2d 732 (Fla. 4th DCA 1977)…Florida and does bar the consideration of any extensive evidence to explain or vary the express terms of a contract unless an ambiguity of a contract is first found to fairly appear. See Dimension Four International, Ltd. v. Huskey Realty, Fla.App., 325 So. 2d 34; Black v. Clifton, Fla.App., 284 So. 2d 465; Graham v. Graham, Fla.App., 277 So. 2d 540; Hamilton Construction Co. v. Board of Public Instruction, Fla., 65 So. 2d 729; Parkleigh House, Inc. v. Wahl, 97 So. 2d 714. The above stated cases taken togeth…
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Huskey Realty v. Dimension Four Int'l Ltd., 347 So. 2d 432 (Fla. 1977)…BOYD, Justice, dissenting. I dissent from discharge of the writ because, in my opinion, the decision of the district court in this cause, reported at 325 So. 2d 34, conflicts with Cohen v. Mohawk, Inc., 137 So. 2d 222 (Fla.1962). Petitioner was employed as the real estate broker for the sale of respondent’s land. The contract for the exclusive right of sale (the listing agreement) provided that for finding a…
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All-Prop Realty Assocs., Inc. v. Prudential Ins. Co. of Am., 468 So. 2d 397 (Fla. 3d DCA 1985)…, 436 So. 2d 983 (Fla. 3d DCA 1983); Skinner v. Haugseth, 426 So. 2d 1127 (Fla. 2d DCA 1983); Hartman Services, Inc., v. Southeast First National Bank of Miami, 399 So. 2d 404, (Fla. 3d DCA 1981); Dimension Four International, Ltd. v. Huskey Realty, 325 So. 2d 34 (Fla. 4th DCA 1975); Innkeeper International, Inc. v. McCoy Motels, Ltd., 324 So. 2d 676 (Fla. 4th DCA 1975); Warter v. Bancroft Hotel Associates, 285 So. 2d 676 (Fla. 3d DCA 1973); Kochan v. American Fire and Casualty Company, 200 So. 2d 213 (Fla.…
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