Opinion
No. 84-1867.
May 28, 1985.
Appeal from the Circuit Court, Dade County, Mario P. Goderich, J.
Steel, Hector Davis and Denise Brody Crockett, Miami, for appellant.
C. Randolph Coleman, Miami, for appellee.
Before HENDRY, DANIEL S. PEARSON and FERGUSON, JJ.
The lease provision interpreted differently by the parties contains a latent ambiguity that may be resolved only by consideration of extrinsic evidence, which evidence is itself conflicting. Summary judgment is inappropriate notwithstanding that the case is to be tried before the same judge who may have considered the extrinsic evidence in entering summary judgment. See Morton v. Morton, 307 So.2d 835, 839-40 (Fla. 3d DCA), cert. denied, 324 So.2d 90 (Fla. 1975).
Reversed.