KASKISTO v. NORTH AMERICAN EQUITABLE LIFE ASSURANCE COMPANY

No. 80-2403.

405 So.2d 248 (1981)

Gary F. KASKISTO, Appellant, v. NORTH AMERICAN EQUITABLE LIFE ASSURANCE COMPANY and Edward Weeks, Appellees.

District Court of Appeal of Florida, Third District.

October 27, 1981.


Attorney(s) appearing for the Case

Jerry B. Schreiber, Miami, for appellant.

Britton, Cohen, Kaufman, Benson & Schantz and J. Robert Olian, Miami, for appellees.

Before HENDRY, BASKIN and FERGUSON, JJ.


BASKIN, Judge.

Because we find no evidence of appellant's acceptance of the changed contract terms submitted by appellee, we reverse the final judgment entered by the trial court. The court's announcement that its decision resulted from appellant's failure to object to the altered mortgage interest rate conflicts with the principle of law that silence does not constitute an acceptance of an offer unless a duty to speak has arisen from a past relationship of the parties...

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