THE TRAVELERS INDEMNITY CO., A CONNECTICUT CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA, APPELLANT,
v.
WASHINGTON FEDERAL SAVINGS AND LOAN ASSOCIATION OF MIAMI BEACH, AND CHERRY GROVE, INC., APPELLEES
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The appellate court affirmed a trial court's declaratory judgment that resolved an ambiguity in a contract clause in favor of one of the parties. The court found no error in the trial judge's construction of the agreement.
No, the trial court did not err in its construction of the ambiguous clause.
“The agreement in question was prepared by representatives of the plaintiff.”
Establishes the origin of the contract and a potential factor in its interpretation.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff, Travelers Indemnity Co., prepared a letter agreement that contained an ambiguity. The trial court was asked to interpret this clause. T…
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Appellant, plaintiff in the trial court, seeks review of an adverse declaratory judgment determining a clause of a letter agreement.
The agreement in question was prepared by representatives of the plaintiff. It contained an ambiguity. The trial judge resolved the ambiguity in favor of the ap-pellee, Washington Federal Savings and Loan Association of Miami Beach, and we find no error in his construction. McGhee Interests, Inc. v. Alexander National Bank, 102 Fla. 140, 135 So. 545; Clark v. Clark, Fla.1955, 79 So.2d 426; Hall v. Hall, Fla. App.1961, 135 So.2d 432; Bacon v. Karr, Fla.App. 1962, 139 So.2d 166, 7 A.L.R.3d 889; Nat Harrison Associates, Inc. v. Florida Power & Light Company, Fla.App. 1964, 162 So.2d 298; Allegheny Mutual Casualty Company v. State, Fla.App.1965, 176 So.2d 362; S & W Motors v. Mack Trucks, Inc., Fla.App. 1967, 198 So.2d 70; 7 Fla.Jur., Contracts, §§ 73, 74 and 87.
Therefore, the declaratory judgment here under review be and the same is hereby affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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MacINTYRE v. Green's Pool Serv., Inc., 347 So. 2d 1081 (Fla. 3d DCA 1977)…eaning the parties intended by contract language, the language will ordinarily be interpreted in a light less favorable to the party drawing the contract. See Travelers Indemnity Co. v. Washington Federal Savings and Loan Association of Miami Beach, 214 So. 2d 492 (Fla.3d DCA 1968); and American Agronomics Corporation v. Ross, 309 So. 2d 582 (Fla.3d DCA 1975). Where there is a conflict in the language of a contract between the printed portions thereof and the specially added portions thereof, the specially pr…
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Depriest v. Greeson, 213 So. 3d 1022 (Fla. 1st DCA 2017)…th the trial court’s ultimate disposition of the case, we do not agree that the estate had no legal ownership interest in Decedent’s car. When Decedent died, “in the twinkling of a legal eye,” the car became an asset of his estate. Sharps v. Sharps, 214 So. 2d 492, 495 (Fla. 3d DCA 1968) (holding that an uncashed check payable to the decedent became an asset of his estate the instant he died, and his widow would have to prove that it was a gift to her individually in order to obtain the proceeds for herself).…
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Fla. Nat'l Bank & Tr. Co. AT Miami v. MRC Motel Corp., 352 So. 2d 112 (Fla. 3d DCA 1977)…y Co. v. Thomas, 60 Fla. 412, 422, 53 So. 510, 513 (1910); Board of Public Instruction of Dade County v. Fred Howland, Inc., 243 So. 2d 221, 223 (Fla. 3d DCA 1970); Travelers Indemnity Co. v. Washington Federal Savings and Loan Ass’n of Miami Beach, 214 So. 2d 492 (Fla. 3d DCA 1968).…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The McGhee Interests, Inc. v. Alexander Nat'l Bank, 102 Fla. 140 (Fla. 1931)
- Alyce Clark v. Clark, 79 So. 2d 426 (Fla. 1955)
- NAT Harrison Assocs., Inc. v. Fla. Power & Light Co., 162 So. 2d 298 (Fla. 3d DCA 1964)
- Hall v. Hall, 135 So. 2d 432 (Fla. 3d DCA 1961)
- Eve Bacon v. Karr, 139 So. 2d 166 (Fla. 2d DCA 1962)
- Austin v. City OF Fort Lauderdale, 176 So. 2d 362 (Fla. 2d DCA 1965)
- S & W Motors v. Mack Trucks, Inc., 198 So. 2d 70 (Fla. 1st DCA 1967)