Panos v. Olsen & Associates Construction, Inc.

OPINION

BENCH, Associate Presiding Judge:

¶ 1 Appellant Patrick T. Panos challenges both the trial court’s grant of summary judgment in favor of appellee Olsen and Associates Construction, Inc. (Olsen) and the denial of Panos’s cross-motion for summary judgment. Panos contends that the home built on the Olsen’s lot exceeds the thirty-two foot height restriction in the warranty deed. 1 Pa-nos asserts that summary judgment was improper because the merger doctrine does not apply to the deed as a matter of law. He argues that the deed contains a latent ambiguity and a mutual mistake because it does…