MERCEDES LINARES
v.
DEZERLAND PARK LLC, ET AL.
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A broad release agreement containing language encompassing 'any and all claims and causes of action' clearly and unequivocally includes negligence claims even when negligence is not specifically enumerated.
[1] A release agreement containing broad language encompassing 'any and all claims and causes of action' clearly and unequivocally includes negligence claims even when neglig…
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Join FLexlaw to unlock all legal intelligenceMercedes Linares appealed a trial court judgment in favor of Dezerland Park, LLC and DL Park Holdings, LLC, challenging the enforceability of a releas…
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Third District Court of Appeal State of Florida
Opinion filed October 8, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D25-1650 Lower Tribunal No. 23-8618-CA-01
Mercedes Linares, Appellant,
vs.
Dezerland Park, LLC, et al., Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge.
Eaton & Wolk, PL and Daniel R. Schwartz and Douglas F. Eaton, for appellant.
Kubicki Draper, P.A., and Barbara E. Fox, for appellees Dezerland Park, LLC and DL Park Holdings, LLC.
Before, GORDO, LOBREE and BOKOR, JJ.
PER CURIAM.
Affirmed. See Sanislo v. Give Kids the World, Inc., 157 So. 3d 256, 259-62 (Fla. 2015) (holding that broad release language encompassing "any and all claims and causes of action" clearly and unequivocally included negligence even though negligence was not specifically enumerated); Urban Air Jacksonville, LLC v. Hinton, 415 So. 3d 1212 (Fla. 5th DCA 2025) (rejecting arguments that a waiver agreement did not cover bathroom slip and fall where, although bathroom use was not among the enumerated activities, the agreement broadly encompassed claims arising from use of the premises and was not constrained to the enumerated activities alone); Merlien v. JM Family Enters., Inc., 301 So. 3d 1, 5 (Fla. 4th DCA 2020) (finding no ambiguity existed in a disclaimer that explained “the rights released,” generally defined “the beneficiaries of that release” as “any customer" and described “the situations in which this release applies”).
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Sanislo v. Give Kids THE World, Inc., 157 So. 3d 256 (Fla. 2015)
- Diveston Merlien v. JM Fam. Enters., Inc., 301 So. 3d 1 (Fla. 4th DCA 2020)