CROWN MANAGEMENT CORP. v. GOODMAN

Nos. 83-2035, 83-2098.

452 So.2d 49 (1984)

CROWN MANAGEMENT CORPORATION, Now Known As Crown Pontiac, Inc., a Delaware Corporation; Royal Trust Bank of Florida, N.A., Formerly Known As Century First National Bank of St. Petersburg and As the First National Bank of St. Petersburg, a National Banking Corporation, Appellants, v. Marvin J. GOODMAN and Lucille Goodman, His Wife, Mark R. McGarry and Norma Jean McGarry, His Wife, Joseph L. Goodman, Charles O. Lowe, C. Eugene Lowe and Cassandra D. Lowe, His Wife, Katherine Suzanne Lowe, Francis M. Wells, Jr., and Judith L. Wells, His Wife, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 15, 1984.


Attorney(s) appearing for the Case

Richard T. Earle, Jr., of Earle & Earle, St. Petersburg, Joseph W. Letzer of Thomas, Taliaferro, Forman, Burr & Murray, Birmingham, Ala., for Crown Management Corp.

Zala L. Forizs of Blasingame, Forizs & Smiljanich, St. Petersburg, for Royal Trust Bank of Florida, N.A.

H. Rex Owen, Bruce Crawford of Owen & McCrory, St. Petersburg, for appellees.


SCHEB, Judge.

This appeal centers on the necessity of the court receiving parol evidence in interpreting a rent escalation clause in a commercial lease. The trial court found that two sentences in the clause created an ambiguity. Appellants contend the court erred, however, when it declined to consider parol evidence of the parties' intent as to the correct interpretation. We think the appellants' argument on this point is correct.

On October 9, 1969, appellant...

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