GEORGE A. DAWKINS, APPELLANT,

v.

NORFOLK AND WESTERN RAILWAY COMPANY, APPELLEE

Citator

Cited By

• Amec Civil, LLC v. State, 41 So. 3d 235 (Fla. 1st DCA 2010)
  …e, e.g., First Nat’l Bank of Hollywood v. Freedman, 244 So. 2d 183, 188 (Fla. 1st DCA 1971) (holding a contract was “divisible in its nature ... if the intention is expressly stated in the contract”); Fla. Mortgage Fin., Inc. v. Flagler Plaza Corp., 308 So. 2d 571, 572 (Fla. 3d DCA 1975) (“A contract should be treated as entire and indivisible when, by consideration of its terms, subject matter, nature and purpose, each and all of its parts appear to be interdependent and common to one another and to the cons…
• Fla. Power Corp. v. Pub. Serv. Comm'n, 487 So. 2d 1061 (Fla. 1986)
  …C is not a signatory to the EFC/Dravo partnership agreement which bestows this right upon FPC. However, we choose to read the two contemporaneously executed agreements together as a whole. See Florida Mortgage Financing, Inc. v. Flagler Plaza Corp., 308 So. 2d 571 (Fla.3d DCA), cert. denied, 317 So. 2d 443 (Fla.1975). Further, EFC stipulated in the hearing below that it would not charge FPC for the use of the improved technology in the future. The Commission, with its broad regulatory powers, can assure that…

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• Levenson v. Am. Laser Corp., 438 So. 2d 179 (Fla. 2d DCA 1983)
  …vor. Overton v. Overton, 259 N.C. 31, 129 S.E. 2d 593 (1963); Connor v. City of Seattle, 82 Wash. 296, 144 P. 52 (1914). See Local No. 234 v. Henley & Beckwith, Inc., 66 So. 2d 818 (Fla.1953); Florida Mortgage Financing, Inc. v. Flagler Plaza Corp., 308 So. 2d 571 (Fla. 3d DCA), cert. denied, 317 So. 2d 443 (Fla.1975). We emphasize that the provision dealing with attorney’s fees is one part of an entire agreement. The proposed agreement was entered into after negotiation by the parties. In the “give and take…

Authorities Cited

• Foster v. LEE, 226 So. 2d 282 (Fla. 2d DCA 1969)
• Powell v. Henry, 224 So. 2d 730 (Fla. 2d DCA 1969)
• Cleveland Myers, Jr. v. State, 224 So. 2d 730 (Fla. 1st DCA 1969)