CITY OF MIAMI, A MUNICIPAL CORPORATION, PETITIONER,
v.
LUCILLE AGUILERA, RESPONDENT

Fla. 3d DCA | 1961-09-28
No. 61-301
Before PEARSON, TILLMAN, C. J., and HORTON and HENDRY, JJ.
133 So. 2d 115 Florida District Court of Appeal, Third District (1961) Positive Treatment
Cited by 19 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

On certiorari we review an order allowing the respondent the costs of a bond premium after a partial reversal by this court of a circuit court judgment affirming a municipal court judgment which was based upon the violation of a municipal ordinance. This court has already decided the question presented by the instant petition. On authority of City of Miami v. Gilbert, Fla.1958, 102 So.2d 818, the petition for certiorari is granted and the order of the circuit court taxing as costs the fee for the supersedeas bond is quashed.

It is so ordered.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Bd. OF Pub. Instruction OF Dade Cnty. v. Fred Howland, Inc., 243 So. 2d 221 (Fla. 3d DCA 1970)
    …c., Fla.App.1963, 154 So. 2d 313; 7 Fla.Jur., Contracts, Section 174, page 137 ff. The contractual instrument was of the defendant’s choosing and as stated in the case of Florida State Turnpike Authority v. Industrial Construction Co., Fla.App.1961, 133 So. 2d 115, 117: “ * * * One fundamental general rule utilized by courts is that doubtful or ambiguous language of a contract is to be construed against the party who drew it or chose the language used, 7 Fla.Jur., Contracts, section 84, page 150, section 85,…
  • Berloni S.P.A. v. Della CASA, LLC, 972 So. 2d 1007 (Fla. 4th DCA 2008)
    …h DCA 1999). See also AT & T Wireless Servs. of Fla., Inc. v. WCI Cmtys., Inc., 932 So. 2d 251, 255 (Fla. 4th DCA 2005). The language of an agreement is to be construed most strongly against its drafter. Fla. State Tpk. Auth. v. Indus. Constr. Co., 133 So. 2d 115, 117 (Fla. 2d DCA 1961). Della Casa drafted the partial releases, and they contained the following language: For and in consideration of the payment of $ [amount filed in] ... the sufficiency of which is hereby acknowledge^], the Undersigned does h…
  • Bouden v. Walker, 266 So. 2d 353 (Fla. 2d DCA 1972)
    …fundamental rule is that where the language is ambiguous or doubtful, such language should be construed against the party who drew the contract or chose the wording, Florida State Turnpike Authority v. Industrial Construction Company, Fla.App.1961, 133 So. 2d 115; Nat Harrison Associates, Inc. v. Florida Power & Light Company, Fla.App.1964, 162 So. 2d 298; 7 Fla. Jur., Contracts, § 87. Another well-rooted principle is that the court will give a reasonable construction to a contract where that is possible an…

Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw