Modern Pharmacy, LLC v. J&J 111 Associates, Inc.
CourtDistrict Court of Appeal of Florida
Date FiledNovember 5, 2026
Docket3D2025-2325
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed November 5, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 25-2325
Lower Tribunal No. 20-27588-CA-01
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Modern Pharmacy, LLC,
Appellant,
vs.
J&J 111 Associates, Inc.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Peter R.
Lopez, Judge.
ROSENBAUM INTERNATIONAL LAW FIRM, P.A., and Michael
Rosenbaum; Jeffery P. Shapiro, P.A., and Jeffery P. Shapiro, for appellant.
EGOZI & BENNETT, P.A., and Bernard L. Egozi and Branden J.
Stillman, for appellee.
Before FERNANDEZ, GORDO and BOKOR, JJ.
PER CURIAM.
Affirmed. See All-Dixie Ins. Agency, Inc. v. Moffatt, 212 So. 2d 347,
350 (Fla. 3d DCA 1968) (It is a “well-established rule that where the parties
to a contract have selected the language contained therein, and where that
language is clear and unambiguous, the courts are without authority to
rewrite the terms of the agreement to give them a meaning other than the
one expressed.”); accord Antoniazzi v. Wardak, 259 So. 3d 206, 211 (Fla.
3d DCA 2018) (“If a contract is clear, complete and unambiguous, there is
no need for judicial construction.”); see Fla. R. Civ. P. 1.510(a) (“The court
shall grant summary judgment if the movant shows that there is no genuine
dispute as to any material fact and the movant is entitled to judgment as a
matter of law.”); Star Cas. Ins. Co. v. Gables Ins. Recovery, Inc., 346 So. 3d
1244, 1246 (Fla. 3d DCA 2022) (citing Anderson v. Liberty Lobby, Inc., 477
U.S. 242, 251 (1986)) (“An issue of fact is ‘genuine’ . . . when a reasonable
jury could potentially return a verdict in favor of the non-moving party . . .
[and] ‘material’ when it may affect the outcome of the case under the
applicable substantive law.”); see Pan Am. W., Ltd. v. Cardinal Com.
Dev., LLC, 50 So. 3d 68, 71 (Fla. 3d DCA 2010) (“Where a contractual
provision is unambiguous, no issue of fact is presented as to the meaning of
the language or the parties’ intent, and the moving party is entitled to
judgment as a matter of law.”); accord Dirico v. Redland Ests., Inc., 154
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So. 3d 355, 359 (Fla. 3d DCA 2014) (“Absent ambiguity, there were no
genuine issues of material fact that precluded summary judgment here.”).
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