MIRANDA v. JULIAN

No. 84-33.

463 So.2d 327 (1985)

Mario MIRANDA, Appellant, v. M. Dwayne JULIAN, Etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 7, 1985.


Attorney(s) appearing for the Case

Stephen M. Stone, Orlando, for appellant.

Frank G. Finkbeiner, of Carr & Finkbeiner, P.A., Orlando, for appellees.


DAUKSCH, Judge.

This is an appeal from a summary judgment. Because unresolved material factual issues remain despite the entry of the judgment we must reverse. An ambiguous contractual provision "Seller shall in no way warrant and/or guarantee high/low water elevations of Lake Floyd" was inserted in an agreement to buy and sell real property. Although the words do not appear particularly ambiguous, the fact that no one can guarantee the level of a natural lake opens...

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