Legal Opinion · Dissent

Land O'Sun Realty Ltd. v. REWJB Gas Investments

District Court of Appeal of Florida

Decided October 30, 1996No. Nos. 95-3539, 95-3404Published

1DissentJorgenson, Judge

Because in my view the trial court erred in admitting parol evidence as to the parties’ agreement, I respectfully dissent.

*873Paragraph four of the five-paragraph amendment to the lease agreement is clear on its face:

Notwithstanding any conflicting or inconsistent provisions of the Leases or this Agreement, including specifically paragraph 3 hereof, the term of each of the Leases and all renewal terms shall automatically terminate at the date that is eighteen months after the date of this Amendment. (Emphasis added.)

The court maintains that paragraphs three and four are in “irreconcilable…

2Cases cited9 opinions

  1. Pate v. Marathon Steel Co.Utah Supreme Court · 1989
  2. DeRosa v. ShiahCourt of Appeals of Georgia · 1992
  3. KRC Enterprises, Inc. v. SoderquistDistrict Court of Appeal of Florida · 1989
  4. Grier v. MHC REALTY CORPORATIONDistrict Court of Appeal of Florida · 1973
  5. State ex rel. PIA Psychiatric Hospitals, Inc. v. Ohio Certificate of Need Review BoardOhio Supreme Court · 1991

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