Florida Shade Tobacco Growers, Inc. v. Jno. H. Swisher & Son, Inc., LL-263
| Decision Date | 05 April 1979 |
| Docket Number | No. LL-263,LL-263 |
| Citation | 369 So.2d 657 |
| Court | Florida District Court of Appeals |
| Parties | FLORIDA SHADE TOBACCO GROWERS, INC., and Barry M. Ottinger, Appellants, v. JNO. H. SWISHER & SON, INC., a Delaware Corporation, Appellees. |
Robert E. Gibson of Williams, Gibson & Harley, Tallahassee (Hal P. Dekle, Tallahassee, of counsel), for appellants.
Charles R. Gardner of Gardner, Shelfer & Mendelson, Tallahassee, for appellees.
This is an appeal from a summary judgment entered in favor of appellees. We find that the movant-appellees did not conclusively establish the absence of a genuine issue of material fact concerning appellants' liability on a promissory note which was delivered pursuant to an alleged agreement between the parties, which agreement was reflected in a letter. The letter is subject to various interpretations and accordingly, the actual terms of the agreement, if any, are material factual issues which must be resolved by the fact-finder. Accordingly, the principles of law governing the granting of summary judgments require reversal here. See generally, Connell v. Sledge, 306 So.2d 194, 196 (Fla. 1st DCA 1975).
REVERSED.
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