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Travelers Indem. v. Wash. Fed. S L

District Court of Appeal of Florida, Third District
Oct 8, 1968
214 So. 2d 492 (Fla. Dist. Ct. App. 1968)

Opinion

No. 68-232.

October 8, 1968.

Appeal from the Circuit Court for Dade County, James W. Kehoe, J.

Joseph A. McGowan, Miami, for appellant.

Claude Pepper Law Offices and Adele T. Weaver, Miami Beach, for Washington Federal.

Howard R. Scharlin, Hialeah, for Cherry Grove.

Before CHARLES CARROLL, C.J., and BARKDULL and HENDRY, JJ.


Appellant, plaintiff in the trial court, seeks review of an adverse declaratory judgment determining a clause of a letter agreement.

The agreement in question was prepared by representatives of the plaintiff. It contained an ambiguity. The trial judge resolved the ambiguity in favor of the appellee, Washington Federal Savings and Loan Association of Miami Beach, and we find no error in his construction. McGhee Interests, Inc. v. Alexander National Bank, 102 Fla. 140, 135 So. 545; Clark v. Clark, Fla. 1955, 79 So.2d 426; Hall v. Hall, Fla. App. 1961, 135 So.2d 432; Bacon v. Karr, Fla.App. 1962, 139 So.2d 166, 7 A.L.R.3d 889; Nat Harrison Associates, Inc. v. Florida Power Light Company, Fla.App. 1964, 162 So.2d 298; Allegheny Mutual Casualty Company v. State, Fla.App. 1965, 176 So.2d 362; S W Motors v. Mack Trucks, Inc., Fla.App. 1967, 198 So.2d 70; 7 Fla.Jur., Contracts, §§ 73, 74 and 87.

Therefore, the declaratory judgment here under review be and the same is hereby affirmed.

Affirmed.


Summaries of

Travelers Indem. v. Wash. Fed. S L

District Court of Appeal of Florida, Third District
Oct 8, 1968
214 So. 2d 492 (Fla. Dist. Ct. App. 1968)
Case details for

Travelers Indem. v. Wash. Fed. S L

Case Details

Full title:THE TRAVELERS INDEMNITY CO., A CONNECTICUT CORPORATION AUTHORIZED TO DO…

Court:District Court of Appeal of Florida, Third District

Date published: Oct 8, 1968

Citations

214 So. 2d 492 (Fla. Dist. Ct. App. 1968)