(Download) "Flagler Co. v. Amerifirst Bank" by Court of Appeal of Florida * Book PDF Kindle ePub Free
eBook details
- Title: Flagler Co. v. Amerifirst Bank
- Author : Court of Appeal of Florida
- Release Date : January 14, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
We have carefully reviewed the trial court's extensive order and findings of fact in addition to the parties' motions, memoranda
of law, briefs and oral arguments. We conclude that there are no genuine issues of material fact which would preclude the
trial court's entry of summary judgment. Moore v. Morris, 475 So.2d 666 (Fla. 1985); Stewart v. Boho, Inc., 493 So.2d 95 (Fla.
4th DCA 1986). We find the language of paragraph 16.27 to be clear and unambiguous. The language clearly stated that the contract is not
complete in material respects and would become complete, valid and enforceable only if the parties, prior to a specified deadline,
are able to reach agreement as to form and substance of the exhibits. The undisputed failure of the parties to agree on the
exhibits precludes the existence of any legally enforceable contract. Even when all other provisions of the document are taken
in pari materia with paragraph 16.27, we reach the same conclusion. Thus, the trial court did not err in its interpretation
and conclusion that a contract had not been formed. Zepfler v. Neandross, 497 So.2d 901 (Fla. 4th DCA 1986). Accordingly,
we affirm the trial court's order granting summary judgment and all points raised on appeal.
 "Flagler Co. v. Amerifirst Bank" by Court of Appeal of Florida * Book PDF Kindle ePub Free){kind=link}