Dimension Four Intern., Ltd. v. Huskey Realty, 75--13

Decision Date26 December 1975
Docket NumberNo. 75--13,75--13
Citation325 So.2d 34
PartiesDIMENSION FOUR INTERNATIONAL, LTD., Appellant, v. HUSKEY REALTY, Appellee.
CourtFlorida District Court of Appeals

Michael H. Salmon of Katz & Salmon, Miami Beach, for appellant.

William B. Wilson of Maguire, Voorhis & Wells, Orlando, for appellee.

PER CURIAM.

Upon review of the record on appeal and after consideration of the briefs and oral arguments of counsel for the respective parties, we determine that the terms of the written brokerage agreement entered into between Dimension Four International, Ltd., and appellee, Huskey Realty, are clear and unambiguous. Therefore, the trial court erred in admitting parol evidence varying the express terms of said agreement.

Accordingly, the final judgment in favor of appellee, Huskey Realty, is vacated and set aside, and the cause is remanded for entry of a final judgment in favor of appellant, Dimension Four International, Ltd.

Reversed and remanded, with directions.

CROSS, MAGER and DOWNEY, JJ., concur.

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4 cases
  • J. C. Penney Co., Inc. v. Koff
    • United States
    • Florida District Court of Appeals
    • 18 March 1977
    ...the express terms of a contract unless an ambiguity of a contract is first found to fairly appear. See Dimension Four International, Ltd. v. Huskey Realty, Fla.App., 325 So.2d 34; Black v. Clifton, Fla.App., 284 So.2d 465; Graham v. Graham, Fla.App., 277 So.2d 540; Hamilton Construction Co.......
  • All-Prop Realty Associates, Inc. v. Prudential Ins. Co. of America, ALL-PROP
    • United States
    • Florida District Court of Appeals
    • 23 April 1985
    ...Hartman Services, Inc., v. Southeast First National Bank of Miami, 399 So.2d 404, (Fla. 3d DCA 1981); Dimension Four International, Ltd. v. Huskey Realty, 325 So.2d 34 (Fla. 4th DCA 1975); Innkeeper International, Inc. v. McCoy Motels, Ltd., 324 So.2d 676 (Fla. 4th DCA 1975); Warter v. Banc......
  • Arvida Realty Sales, Inc. v. William R. Tinnerman & Co., Inc., 4-86-1631
    • United States
    • Florida District Court of Appeals
    • 6 July 1988
    ...terms of the document should not have been admitted. See Roe v. Henderson, 190 So. 618 (Fla.1939); Dimension Four International, Ltd. v. Huskey Realty, 325 So.2d 34 (Fla. 4th DCA 1975). In the instant case, none of the clients produced by appellees closed a real estate transaction, and ther......
  • Huskey Realty v. Dimension Four Intern. Ltd., 48913
    • United States
    • Florida Supreme Court
    • 16 June 1977
    ...dissenting. I dissent from discharge of the writ because, in my opinion, the decision of the district court in this cause, reported at 325 So.2d 34, conflicts with Cohen v. Mohawk, Inc., 137 So.2d 222 Petitioner was employed as the real estate broker for the sale of respondent's land. The c......

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