TAMPA ELECTRIC COMPANY v. FLORIDA POWER CORPORATION

No. 71-459.

267 So.2d 110 (1972)

TAMPA ELECTRIC COMPANY, a Florida Corporation, Appellant, v. FLORIDA POWER CORPORATION, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

October 6, 1972.


Attorney(s) appearing for the Case

John Germany and C. Lawrence Stagg of Holland & Knight, Tampa, for appellant.

Wm. Reece Smith, Jr. of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, for appellee.


PER CURIAM.

Appellant appeals a final summary judgment entered against it in a suit arising out of a written contract.

The able trial judge, after taking voluminous testimony, ruled that the contract was not ambiguous and therefore refused to consider the parol evidence.

We hold that the contract itself was ambiguous in its terms and upon considering the parol evidence genuine issues of material fact as to the correct interpretation of the language...

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