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INDEPENDENT MORTG. AND FINANCE, INC. v. DEATER

No. 3D01-2182.

814 So.2d 1224 (2002)

INDEPENDENT MORTGAGE AND FINANCE, INC., a Florida corporation, Appellant, v. Larry M. DEATER, Rory B. Robb, Barry E. Burns, Ellen D. Burns, and Property Privateers, L.C., a Florida limited corporation, Appellees.

District Court of Appeal of Florida, Third District.

May 1, 2002.

Attorney(s) appearing for the Case

Wayne Kruer, Key West, for appellant.

Giovana L. Upson, Key West, and Milton Wendland, for appellees.

Before SCHWARTZ, C.J., and GREEN, and RAMIREZ, JJ.

RAMIREZ, J.

We have for review an order granting the defendants' cross-motion for summary judgment in a case which arose from a dispute over a mortgage brokerage agreement. Because we can see no material ambiguity in the parties' agreement, we reverse.

The plaintiff, Independent Mortgage and Finance, Inc., ("IMF"), entered into a mortgage brokerage agreement with the defendants. The contract contained the following language concerning IMF's commission:

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