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BARNETT BANK OF PALM BEACH COUNTY v. THALER

No. 88-1255.

547 So.2d 996 (1989)

BARNETT BANK OF PALM BEACH COUNTY, Appellant, v. Manley H. THALER, Leo Greenfield, and Florida Realty & Diversified Investment Corp., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 14, 1989.

Attorney(s) appearing for the Case

James Patrick Garrity and Nancy K. Vorpe of Moyle, Flanigan, Katz, Fitzgerald & Sheehan, P.A., West Palm Beach, for appellant.

Jan Michael Morris and Leon R. Margules of Entin, Schwartz, Margules & Schwartz, Miami, for appellee, Florida Realty & Diversified Inv. Corp.

PER CURIAM.

The summary judgment in favor of the defendant is reversed. Wills v. Sears, Roebuck & Co., 351 So.2d 29 (Fla. 1977); Holl v. Talcott, 191 So.2d 40 (Fla. 1966).

We find no error in the trial court's determination that paragraph three of the agreement between the parties is not ambiguous. Nevertheless, issues of fact remain concerning whether the units were...

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