Isot Medical Center, Corp. v. Chaptal Group, Inc.
CourtDistrict Court of Appeal of Florida
Date FiledSeptember 9, 2020
Docket3D19-2253
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed September 9, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-2253
Lower Tribunal No. 17-22901
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ISOT Medical Center, Corp.,
Appellant,
vs.
Chaptal Group, Inc.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Martin Zilber,
Judge.
Berger & Hicks, P.A., and Martin I. Berger, Zachary A. Hicks, and Adam C.
Loeb; Kula & Associates, P.A., and Elliot B. Kula and William D. Mueller, for
appellant.
Sheldon R. Rosenthal, for appellee.
Before EMAS, C.J., and LOGUE and MILLER, JJ.
PER CURIAM.
Affirmed. See Babul v. Golden Fuel, Inc., 990 So. 2d 680, 683 (Fla. 2d DCA
2008) (holding: “‘[W]here. . . there is an ambiguity on the face of a contract as to
the capacity of parties and their relationship with one another and the surrounding
circumstances when they entered into the agreement, the court is proper in receiving
parol evidence’” (quoting Landis v. Mears, 329 So. 2d 323, 326 (Fla. 2d DCA
1976))). See also Producers Fertilizer Co. v. Holder, 208 So. 2d 492, 494 (Fla. 2d
DCA 1968) (holding that “parol evidence is admissible to identify the real parties in
interest in a transaction”); Restatement (Third) of Agency § 6.01 cmt. c (2006)
(providing: “Unless the contract explicitly excludes the principal as a party, parol
evidence is admissible to identify a principal and to subject the principal to liability
on a contract made by an agent. The parol-evidence rule does not bar proof that an
agent made a contract on behalf of a principal.”)
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