Barnett Banks Trust Co. v. Titusville Associates, Ltd.

ERVIN, Judge,

specially concurring.

Contrary to appellees’ assertion on rehearing, I find no conflict between this court’s opinion and Wakefield Nursery v. Hunter, 443 So.2d 465 (Fla. 4th DCA 1984). It was this court’s decision that Wakefield is factually distinguishable, because it is unclear in that case whether the motion for summary judgment was timely filed.

As to the parol evidence issue, I certainly have no problem with the rule of law “[t]hat parol evidence is admissible to connect several written instruments and show that they were all parts of one transaction.” Burgan v. Pines Co. of…