Summary Judgment Based on Contract Language was Improper

Florida Power & Light Company v. Hayes, 4D11-3802 (Fla. 4th DCA 2013):

FP&L and Robert Elmore entered into two contracts reciting their rights to land initially owned by Elmore adjacent to FP&L’s plant in Broward County. FP&L wished to create a lake on the land to use in cooling water being transferred from the plant. Elmore owned a rock quarry business and wanted to excavate rock from the lake to use in construction. The parties agreed to create a 150-acre lake to achieve their goals. After the lake had been created, Elmore conveyed the property to FP&L but continued to hold title to the “rock, stabilizer and sand lying within the lake presently established on the Property, and will continue to have the right to remove said rock, stabilizer and sand.”

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