DY MEDICAL CTR. CORP., A/A/O WILMER LAZO DE LA VEGA
v.
UNITED AUTOMOBILE INSURANCE COMPANY

Fla. 3d DCA | 2022-03-02
No. 21-0795
Hofstadter
Florida District Court of Appeal, Third District (2022)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

A person who signs an instrument without reading it is estopped from denying its contents if they fail to obtain a reliable person to read and explain it beforehand.


Headnotes

[1] A person who signs an instrument without reading it is estopped from denying its contents if they fail to procure a reliable person to read and explain the instrument bef…

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Key Quotes

“If a person [who signs his name to an instrument] cannot read the instrument, it is as much his duty to procure some reliable person to read and explain it to him, before he signs it, as it would be to read it before he signed it if he were able to do so, and his failure to obtain a reading and explanation of it is such gross negligence as will estop him [from denying its contents.]”

Court citing All Fla. Sur. Co. v. Coker, 88 So. 2d 508, 511 (Fla. 1956)

Facts & Procedural History

DY Medical Center Corp., on behalf of Wilmer Lazo de la Vega, appealed a decision in a dispute with United Automobile Insurance Company. The case invo…

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Opinion of the Court

PER CURIAM.

Affirmed. See All Fla. Sur. Co. v. Coker, 88 So. 2d 508, 511 (Fla. 1956) (“If a person [who signs his name to an instrument] cannot read the instrument, it is as much his duty to procure some reliable person to read and explain it to him, before he signs it, as it would be to read it before he signed it if he were able to do so, and his failure to obtain a reading and explanation of it is such gross negligence as will estop him [from denying its contents.]” (quoting 12 Am. Jur. Contracts § 137)).


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