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STARLITE DINERS, INC. v. OSWALT

No. 5D01-3747.

823 So.2d 312 (2002)

STARLITE DINERS, INC., Appellant, v. Gregory OSWALT d/b/a Starlite Diner, Appellee.

District Court of Appeal of Florida, Fifth District.

August 16, 2002.

Attorney(s) appearing for the Case

Aaron R. Wolfe of Doran, Wolfe, Rost & Ansay, Daytona Beach, for Appellant.

David A. Vukelja, Ormond Beach, for Appellee.

COBB, J.

The sole issue on this appeal is whether the lower court erred in ruling that a contract, entered into between Starlite Diners, Inc. (seller) and Gregory Oswalt, d/b/a Starlite Diner (buyer) was ambiguous. Oswalt and Starlite executed a contract whereby Starlite agreed to act as "contractor" and furnish labor and materials to construct and deliver a modular diner unit on Oswalt's site. Article Five of the contract, entitled "Taxes," provided:

It...

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